THE STATE 

AND 

NATION 



BY 

WILLIS E.JOHNSON 




Qass-XK-6 5 Z 5" 

Book ^ 13-LT-. 

• 3"G 



The State and Nation 



WILLIS E. JOHNSON, M. A. 

AUTHOR OF 

'SOUTH DAKOTA, A REPUBLIC OF FRIENDS," "A MATHEMATICAL GEOGRAPHY, 

PRESIDENT OF THE NORTHERN NORMAL AND INDUSTRIAL SCHOOL, 

ABERDEEN, SOUTH DAKOTA 



V^ 



PUBLISHED BY 

THE CAPITAL SUPPLY COMPANY 
PIERRE, SOUTH DAKOTA 



6* 



t 






Copyright, 1911, 1912, 1915, 1917 

BY 

WILLIS E, JOHNSON 



25 191$ 



APR -9 1918 



HAMMOND PRESS 

W. B. CONKEY COMPANY 

CHICAGO 



Iii proportion as the structure of government 
gives force to public opinion, it is essential that 
public opinion should be enlightened. 

— Washington, Farezvell Address. 



PREFACE 

This book is written for the boys and girls of South 
Dakota. It is the burning desire of the author to quicken 
their interest in the commonwealth and to stimulate a 
healthy and intelligent patriotism. Training in the three 
R's is imperative, since they are the keys to all learning 
and culture, but it should be remembered they as readily 
unlock all doors of vice. Training for industrious, co- 
operative and intelligent citizenship is the true purpose 
of education, for the school exists as an instrument of 
society to preserve its ideals and processes by transmit- 
ting them to succeeding generations. To be sure, these 
are taught in the home, the business world, the church 
and the government, but the school is created by society 
for this special purpose ; it is society's supreme effort to 
preserve its own life. 

The school must give that preparation for the activi- 
ties of civilized life which the child would not readily 
acquire in the school of life itself. In haphazard contact 
with community and civic life the child will learn many 
valuable lessons in patriotism and in domestic, economic, 
religious and civic duty. But if we expect that these 
incidental, and often accidental lessons will constitute 
sufficient training for the child so that in maturity he 
may play a man's part in a world of men, we are doomed 
to disappointment. Society looks to the school to give 

5 



6 THE STATE AND NATION 

definite training for citizenship. The school must instill 
ideals of civic righteousness and cultivate habits of social 
service, for these alone insure the perpetuity and progress 
of an enlightened democracy. 

Social life in this generation is rapidly passing into a 
stage where the community restraints of the face-to-face 
group are much less powerful than formerly because of 
the fact that people no longer live their whole lives in 
the same community. One has but to notice his own 
tendency to carelessness when away from home and 
among strangers to appreciate the omnipresent force of 
community restraint. Modern freedom, intelligence, pros- 
perity and easy means of transportation have broken up 
the fixed social relations which characterized past civil- 
izations. With the rapid weakening of the restraining 
influences of the permanent community life, there must 
be a corresponding strengthening of character or there 
will be a moral decadence. As the group control lessens, 
the moral fibre of the individual must strengthen. The 
modern social life requires a finer sort of patriotism and 
character, for many a man's rectitude of life is due as 
much to the public opinion of his group as to his own 
self-control. The soldier on the field of battle is very 
brave, but the one who is true and faithful in the midst 
of temptation when the eye of the public is not upon him 
is vastly braver. A higher type of citizenship must be 
developed if the higher form cf civilization is to be pre- 
served. The loftiness of the ideals of modern life and 
the complex and changing character of the activities and 
culture of our day and age, place newer and greater re- 
sponsibilities upon the school. 

Any society stamps its character upon its schools. 
Society creates the school in its own image. As the 
schools of ancient Sparta were the barracks, and those of 



. ' PREFACE . 7 

Rome were the forum, so the American public school is a 
miniature democracy, putting" into practice the principles 
of industry, virtue, justice, equality and fraternity. The 
thoughtful teacher has abundant opportunity in the ad- 
ministration of. the democracy of school life to instill 
lasting lessons in citizenship. The child who has learned 
to restrain his caprice for the good of the group and 
cheerfully conform to law has learned the first lesson in 
true patriotism. In opening or general exercises, in as- 
signing committed productions, readings, essays and lan- 
guage lessons, and in other ways, there are countless 
opportunities to cultivate an interest in public affairs. 

Every subject in the course of study and every activity 
of the school room and playground may lend direct as- 
sistance in training for intelligent and helpful participa- 
tion in social life. But just as physiology and hygiene 
are the best public school studies by which individual 
health is conserved, so civics is the study which is most 
valuable for the conservation of civic and social health. 
The author keenly realizes that civics should be more 
than a study of governmental processes, just as citizen- 
ship should be more than simply intelligent conformity 
to law. But while we have the democracy of industry, 
of domestic, educational, fraternal and religious life, de- 
mocracy in government is the supreme manifestation of 
civic life. This book, therefore, is concerned mainly with 
the study of the governmental institutions and activities 
of South Dakota and of the nation. Whatever may be 
its defects and limitations, the animating purpose of the 
author is that it may be of some value in raising the boys 
and girls of this commonwealth to a higher plane of citi- 
zenship. 

Much of the material in this book appeared in the early 
editions of "South Dakota, a Republic of Friends." A 



8 THE STATE AND NATION 

change in the state course of study in 1917 made it nec- 
essary to separate the book into two volumes. The his- 
tory of South Dakota appears under the original title 
and the civil government of the state and nation is given 
in this volume. The entire subject has been rearranged 
to adapt it to the new course of study. 



CONTENTS 

Page 
Plan for Study 11 

PART I 

The State 

Chapter 

I. Introduction 15 

II. The Public School System 19 

III. The Town, City and County 51 

IV. The Making of Laws 82 

V. The Executive Department 104 

VI. The Judicial Department 125 

PART II 

The Natton 

VII. Introduction to Part II 140 

VIII. History of the Constitution 153 

IX. The Federal Executive and Judiciary 169 

X. National Powers and Duties 192 

XI. Nominations and Elections 202 

Appendix 

Tables of Officials 215 

Constitution of South Dakota 216 

Constitution of United States 251 

Glossary 264 

Index 268 



A PLAN FOR STUDY 
A South Dakota Scrap Book 

It is suggested that every pupil studying this book 
make a scrap book on South Dakota, its geography, civics 
and history. A loose-leaf note book answers the purpose 
splendidly. If one cannot be purchased it can be made 
by the pupil very easily from any good-sized old book. 
A few pages should be cut out here and there to make 
room for the articles and pictures pasted in. A very good 
paste may be made by wetting a little flour in cold water, 
then letting it boil until it thickens. When cold, stir in 
a few drops of formaldehyde and the paste will not get 
mouldy. A few drops of essence of peppermint will give 
it an agreeable odor. 

Watch the newspapers and magazines for articles about 
South Dakota, or some portion of it. Clip these out and 
neatly paste them in the scrap-book. Put in pictures of 
state and county officers, courthouses, the capitol build- 
ing, public school buildings, the buildings at the state 
university and colleges ana normal schools of the state, 
prominent educators and others who are engaged in 
notable or public work in the state. A few scenes rep- 
resenting different portions of the state, occupations and 
industries may be added. There should be included some 
of the maps, charts and diagrams made by the pupils. 
When finished, an index should be carefully made. If 
the scrap-book is presented at the time of the county 
eighth grade examination, it will undoubtedly receive 
some consideration, and the best ones may be sent to 
the state fair. 

11 



12 THE STATE AND NATION 

Essays 

One essay each month should be written on some topic 
of interest on government or community life. In no case 
should the essay be written until the pupil has made 
some observations or done some reading on the subject 
and has something to say. A few topics are here sug- 
gested. 

Visits. A visit : to a courthouse, to a postoffice, to a 
park, to a county fair, to a football game, to a college or 
normal school, to a farmers' institute, to a teachers' insti- 
tute, to a picnic, to a newspaper office, to a telegraph 
office, to a hospital. 

How Some Things Are Done. How men vote. How 
mail is sent. How roads are repaired. How taxes are 
collected. How a deed is written and recorded. How 
contracts are made. How candidates are nominated. 
How a silo is made. How disease is spread. 

Needs. The need : for good roads, for rural telephones, 
for groves, for a public hall, for literary societies, for 
good health, for skating ponds, for taxation, for a beau- 
tiful schoolroom, for ventilation in school, church and 
home. 

Other Topics. Our debt to the pioneer. Prevention 
of accidents. First aid to the injured. The care of the 
teeth. Home life in the city compared with home life 
in the country. Country sports and city sports. When 
grandma was a girl. When grandpa was a boy. A talk 
with the oldest settler. Some good habits and some bad 
ones. Cheerfulness. What I want to be when a man. 
The games I like to play. 

A Flag Salute 

The flag salute, which is used in most schools of this 
country, is given as follows : At a signal from the teacher 



A PLAN FOR STUDY 13 

every pupil stands erect and faces the flag, which is 
usually draped on the wall back of the teacher's desk. 
At another signal, generally made by raising the hand, 
the military salute is given by the pupils. This is made 
by lifting the right hand, palm downward, the forefinger 
touching the forehead above the eye. Standing thus, all 
repeat together slowly : 

"We give our heads and our hearts to God and our 
country; one country, one language, one flag." 

At the words, "our hearts," the right hand is placed 
over the heart, then placed at the side. At the words, 
"one flag." the right hand is extended gracefully, palm 
upward, toward the flag, all eyes being directed toward it. 

Another flag salute is given as follows: *"I pledge al- 
legiance to my flag and the Republic for which it stands ; 
one nation, indivisible, with liberty and justice for all." 
At the words, "to my flag," the hand is extended toward 
the flag and remains in this position until the end. 

A pleasing variation is made sometimes by giving the "silent 
salute." The pupils form in a line, or in two lines, facing each 
other. The flag is then carried in front of the line, or between the 
lines, and the hands remain at salute until the flag has been placed 
in its position, when, at a signal from the teacher, every hand is 
dropped. 

TEE ARMY EAXD SALUTE. "The hand salute is as follows: 
Raise the right hand smartly until the tip of the forefinger touches 
the lower part of the headdress above the right eye, thumb and fingers 
extended and joined palm to left, forearm inclined to about forty-five 
degrees, hand and wrist straight ; at the same time look toward the 
person or flag saluted ; drop the arm smartly to the side." 

* Tnis pledge is recommended by the American Flag JD"ay Association. 



CHAPTER I 
INTRODUCTION 

Before We Begin. A very methodical man made a list 
of the things he kept in his trunk. He began it this way : 
"1. This list." The first thing in the list was the list 
itself. Before we begin the study of our government, let 
us answer this question, "Why do we have government ?" 
We have asked ourselves a very hard question, but an 
important one. 

Need for Government. The word government comes 
from the Latin word gubernator, which means "one who 
guides a ship." The word, therefore, means guidance. 
There are many things which guide human conduct. In 
answer to the old riddle, "Why does the miller wear a 
white hat?" instead of saying, "to keep his head warm" 
we might say, "it is the custom." Why do we have three 
meals per day instead of two or five, as some people 
have; shake hands; dress in certain fashions; have mar- 
riage ceremonies ; turn to the right when we meet, and 
do a thousand other things the way we do them? The 
answer is the same, "it is the custom." If we count all 
the things we do from morning until night, we will find 
custom guides and controls most of our acts. 

Nearly always the conduct of affairs in the home is 
controlled by the customs of the home itself. This is 
also true of the church, the school, and of business activ- 
ities. What are the forces which regulate custom? Chief 
among them are self-control and public opinion. These are 
powerful forces which compel one to "behave." 

15 



16 THE STATE AND NATION 

Some customs or "social habits" are so necessary to 
our safety and happiness that they have hardened into 
law. When automobiles meet, each turns to the right 
(in England, to the left). This is according to custom, 
but the custom is so important that laws have been 
passed to compel its enforcement. Self-control and pub- 
lic opinion cannot always be relied upon to adjust all 
matters. Law is the public force which must be applied 
when the forces of custom do not seem to be strong 
enough to be relied upon. 

There are two reasons why we must have government 
and law: (1) because some people are dishonest, untruth- 
ful and evil; and (2) because people make mistakes and 
misunderstand each other, and sometimes the rights of 
one person overlap the rights of another. Even if all 
people were good, we should still need government. It 
is an accepted rule even of the better world, that "order 
is heaven's first law." There are other reasons for gov- 
ernment, one of the important ones being that it is needed 
to carry on many activities connected with the mail serv- 
ice, money, roads, bridges, education, public health, etc. 

The United States. We are about to take up a study 
of the government under which we live. We might, per- 
haps, have said governments, as public affairs are regu- 
lated by several different sets of laws and of officers. You 
have considerable knowledge of our national government, 
as in your history you learned many facts about the na- 
tion. Three of these we will very briefly notice now. 

1. Separate Colonies. This country was first settled 
along the Atlantic coast: Jamestown, 1607; Massachu- 
setts (at Plymouth), 1620, and so on. Thirteen English 
colonies were developed along the Atlantic seaboard, 
many having claims to land lying to the west. 



INTRODUCTION 17 

2. Independence. Why do we celebrate the Fourth of 
July? Because, on July 4, 1776, representatives from these 
colonies signed the Declaration of Independence, setting 
forth the wrongs of the mother country and saying, "We 
are, and of right ought to be, free and independent states." 
Then followed the Revolutionary War, and after an 
heroic struggle, we became a free and independent na- 
tion — the United States of America. 

3. Government Established. When the thirteen colo- 
nies became independent they were no longer colonies, 
but were states, each with its own laws and its own gov- 
ernor and other officers. A national government was es- 
tablished. A constitution* for the nation was adopted in 
1789. This provided for a congress to make laws for the 
nation, a President and other officers to enforce the laws, 
and courts to interpret the laws and decide in case of 
their violation. 

A Two-fold Government. We thus had and still have 
a dual or two-fold government: (1) a national or federal 
government with the President at the head. In the main, 
it has to do with such matters as affect the nation as a 
whole, such as war and peace, mail service, coinage of 
money, etc. The nation is supreme. It has what are 
called sovereign powers. (2) The state government with 
the governor at the head. For convenience in carrying 
on our state and local government, the state is divided 
into counties and the counties are usually divided into 
townships. A portion of a township or county may be 
organized into a town or city. For the management of 
our public schools we have school districts. In the main, 
the state laws regulate the affairs in the county, town- 
ship, town or city and school district. 

* This took the place of the Articles of Confederation adopted during 
the war. 



18 THE STATE AND NATION 

Order of Study. We shall take up the study of our 
government in exactly the opposite order in which these 
"governments" have been named. Beginning with the 
school district, the government nearest at hand, we shall 
study each one carefully, ending with the study of the 
nation. This is the order of the state course of study for 
civics, which is divided into eight parts or "months." 
An outline of the official course of study follows each 
chapter. In the Appendix will be found considerable 
valuable information. 



PART ONE -THE STATE 

CHAPTER II* 

THE PUBLIC SCHOOL SYSTEM 
The Township 

The stability of a republican form of government depending on 
the morality and intelligence of the people, it shall be the duty of 
the legislature to establish mid maintain a general and uniform 
system of public schools, wherein tuition shall be icithout charge, and 
equally open to all, and to adopt all suitable means to secure to the 
people the advantages and opportunities of education. — Art. VIII, 
Constitution of South Dakota. 

Education in a Republic. In kingdoms a prince is edu- 
cated with great care because some day he may become 
king and will then have many responsibilities. In a re- 
public like ours, where enlightened public opinion rules, 
in a certain sense all of the boys and girls are princes 
and princesses who are certain some day to be the rulers 
of the greatest country on earth. It is supremely im- 
portant, then, that they be educated and trained for their 
duties and responsibilities. The ballot is powerful, but 
intelligent public sentiment is far more powerful, because 
votes can only express public convictions. It is impor- 
tant, then, that all young people be educated even though 
many of them never vote or hold office. 

Public Education. Education is a public necessity, for 
all children have need of training for citizenship. It is 

* This chapter comprises civics material for the first month of the state 
course of study, chapter III, for the second month, etc. 

19 



20 THE STATE AND NATION 

right, then, that the public should compel parents to edu- 
cate their children and should provide schools at public 
expense. 

"No appropriation of lands, money, or other property or credits to 
aid any sectarian school shall ever be made by the state, or any county 
or municipality within the state, nor shall the state or any county or 
municipality within the state accept any grant, conveyance, gift or 
bequest of lands, money or other property to be used for sectarian 
purposes, and no sectarian instruction shall be allowed in any school 
or institution aided or supported by the state." — Art. VIII, Constitu- 
tion of South Dakota. 

School Corporations. For the purpose of maintaining 
public schools the people of the state are organized into 
school districts. Like the county, township, town and 
city, a school district is a corporation, and as such it may 
sue or be sued, make contracts, own property, and man- 
age its affairs through its officers. Some school districts 
are still governed by special charters granted by the ter- 
ritorial legislature before 1889. These may reorganize 
and be governed by the general laws of the state. 

Kinds of Districts. We have a great variety of school 
districts in this state, some districts comprising the peo- 
ple of a small area supporting only one school and some 
comprising the people of several townships supporting 
many schools. They are all governed by the same gen- 
eral laws and have boards with the same powers, the 
principal differences among them being the area and 
number of schools maintained in each. Provision is made 
for dividing the districts that are considered too large or 
consolidating them if that is desired. Experience seems 
to indicate decided advantages where the district is made 
larger rather than smaller. To distinguish these from 
the "independent" districts provided for towns and cities, 
we may call them common school districts. It should 
be borne in mind, however, that independent districts 
provide "common school" education and common school 



THE PUBLIC SCHOOL SYSTEM 21 

districts are in most particulars as "independent" as those 
in cities and towns. 

Common School Districts. As a general rule a com- 
mon school district comprises the same area as a civil 
township. The school board consists of a chairman, 
elected in 1907, and every three years thereafter; a 
clerk, elected in 1908, and every three years thereafter; 
and a treasurer, elected in 1909, and every three years 
thereafter. The election occurs on the third Tuesday of 
June, beginning at 2 :00 o'clock p. m., closing in two 
hours in districts having but one school and in four 
hours in districts having more than one school. At 3 :00 
o'clock the voters assemble and may decide when schools 
shall be in session, how much money shall be raised by 
taxation, provide for repairs to school buildings, the re- 
moval of them, the erection of new ones, etc. Special 
school meetings may be called by a petition of five voters. 

The school board carries out the decisions of school 
meetings and makes all provisions not agreed upon then. 
It provides transportation for children when necessary, 
employs teachers, plants trees and shrubs on the school 
grounds, and in general has charge of the property and 
affairs of the district. The board holds regular meet- 
ings on the second Tuesday in July and the last Tues- 
day in November and March. Special meetings may be 
held at any time. 

The duties of the members of the hoard are expressed in then- 
titles. The chairman presides at meetings of the board and school 
meetings, and signs warrants for the payment of money. The 
clerk keeps record of the transactions of the board and of school 
meetings, draws warrants on th'e treasurer for the payment 
of money, posts election notices, takes a census of the children 
of school age (over six and under twenty-one) in the district 
and sends reports of the census and other matters concerning the 
school district to the county superintendent. He reports the tax levy 
to the county auditor. The treasurer cares for the money of the 
school district. School district taxes are paid to the county treasurer 



22 THE STATE AND NATION 

and he sends the money thus collected to the school district treasurer. 
Tuitions paid by pupils who do not live in the district are paid to 
the district treasurer. Vacancies on the board are filled by appoint- 
ments made by the county superintendent until the next election. 

TOWNSHIP HIGH SCHOOL. Provision is made for the organi- 
zation of township districts for the purpose of maintaining a high 
school. Several townships may unite for this purpose. The other 
school districts in the township or townships continue to manage their 
common schools as before. 

Independent Districts. Most cities and towns of the 
state are organized as independent districts, though in 
some cases they are simply a part of a common school 
district as just described. The independent school district 
usually has the same boundaries as the city or town, 
though it may include outside territory. The pupil should 
think of the people of a city or town as organized for 
educational purposes, as a school corporation, with offi- 
cers and property ; and the same people as organized for 
governmental purposes as a civic corporation, with offi- 
cers and property. Each corporation is entirely separate 
from the other — indeed, a member of the city council 
cannot be a member of the school board. 

HOW ORGANIZED. Any city or town having a population of one 
hundred or more within a radius of one mile from the center, whether 
incorporated or not, may organize an independent district. A ma- 
jority of the voters petition the county superintendent and he provides 
for the necessary elections to decide the matter and to elect officers. 
(See also consolidated district.) 

Board of Education. The board having charge of the 
property and affairs of an independent district is called 
the board of education and consists of five members, 
each elected from any portion of the district for two 
years. (In cities under commission each is elected for 
five years, one each year, at the regular municipal elec- 
tion.) School elections are held on the third Tuesday 
in June, except in cities under commission, the polls be- 
ing open from 8 :00 a. m. until 5 :00 p. m. A clerk is 



THE PUBLIC SCHOOL SYSTEM 23 

appointed by the board and the people elect a treasurer 
for three years, neither being a member of the board. 
The duties and powers of the board are very much like 
those of the school boards of common schools, having 
somewhat greater power in taxation and issuance of 
bonds, building schoolhouses, and providing for a high 
school. 

Some additional powers and duties are given boards of 
education in cities of the first and second classes. 

Consolidated District. The legislature of 1917 made 
definite provision for the uniting of several school dis- 
tricts into a consolidated district. While such a district 
is classified as an independent district, having all powers, 
privileges, and duties as such, it will be well to treat it 
separately. 

Twenty-five per cent of the electors in each district 
must petition the county superintendent for the forma- 
tion of a consolidated district on a plan approved by the 
superintendent of public instruction. An election is held 
in each district. If three-fifths or more of the voters in 
each district are favorable the new consolidated district 
is formed. The officers are the same as in any other 
independent district. 

ADVANTAGES OF CONSOLIDATION. There are many advan- 
tages in consolidation under most circumstances. Only a few can be 
discussed here and many of these are certainly debatable. In some 
cases the expense is reduced, as the increase in the number of pupils 
does not require a corresponding increase in the number of teachers. 
Usually the total expense is not decreased, however, as the school 
equipment, length of school year, and other educational advan- 
tages, are likely to be made the same as in towns and cities. In a 
consolidated school several teachers are likely to be employed and this 
permits a better classification and gradation of the pupils. It is 
usually better for pupils to be transported several miles than to walk 
a shorter distance. The consolidated school could better provide for 
teaching agriculture, manual training, cooking, sewing, etc. The fuel 
and janitor service could be better provided, hot noonday lunches 
could more easily be prepared and the school could be more of a com- 
munity center. There are many other advantages claimed for the 



24 THE STATE AND NATION 

Consolidated school, perhaps the best being that almost invariably 
wherever tried it has proved successful. 

Maintenance. Public schools are maintained by money 
received from the following sources : 

1. Direct taxes. This can not exceed twenty-five 
mills on the assessed valuation in independent districts or 
fifteen mills in other school districts. The county 
treasurer collects these taxes and turns the money over to 
the school district treasurer. 

2. Apportionment fund. This fund is derived from 
four sources. 

a. Interest on the permanent school fund. When 
Dakota Territory was created by congress in 1861 sec- 
tions sixteen and thirty-six in every township were set 
aside as school sections. When South Dakota was ad- 
mitted as a state in 1889 this provision was again made. 
Now when this land is sold the money is kept as a vast 
permanent school fund. This fund is not spent but is 
loaned and the interest is apportioned among the schools 
of the state. 

b. Rental of school lands. Much of the school land is 
still unsold. This is rented and the income is appor- 
tioned among the schools. 

c. School poll. The county commissioners may levy 
for school purposes a tax of one dollar on each person 
qualified to vote in the county. 

d. Fines collected for certain offenses also go into this 
apportionment fund. (Some fines go directly to the 
district.) 

The money obtained from these four sources is appor- 
tioned among the schools in proportion to the number of 
children between the ages of six and twenty-one in each 
district. In order to find out how much of this appor- 



THE PUBLIC SCHOOL SYSTEM 25 

tionment money each district should have a school cen- 
sus is taken each year. 

Compulsory Education. The session laws of 1917 pro- 
vide for compulsory education as follows : 

"Every person having under his control a child of the age of eight 
years and not exceeding the age of sixteen years, shall annually 
cause such child to regularly attend some public school or private 
day school for the entire term during which the public school 
in the district in which such person resides is in session until such 
child shall have completed the first eight grades of the regular common 
school course or shall have completed a course in a private day school 
equivalent to the first eight grades of the regular common school 
course ; provided, that the district school board or board of education, 
as the case may be, may after such child shall have completed the 
sixth grade or its equivalent, decrease the required term of attendance 
to not less than sixteen continuous weeks in each year until such child 
shall have completed the eighth grade of the regular common school 
course or its equivalent, or shall have reached the age of sixteen years, 
and provided further that this section shall not apply to a child other- 
wise instructed by a competent person and for a like period of time 
in the branches commonly taught in the public schools, or a child who 
has already acquired the branches of learning taught in the public 
schools or whose physical or mental condition is such as to render his 
attendance at school as hereinbefore required unsafe, impracticable, 
or harmful either to such child or others." 

"Every person violating this law shall be deemed guilty of a mis- 
demeanor and shall be punished by a fine of not less than $10.00 nor 
more than $20.00 and shall stand committed to the county jail until 
such fine and the costs of prosecution are paid. Such fine shall be paid 
to the treasurer of the school district in which the convicted person 
resides." 

Truant officers are appointed by the boards in cities and towns hav- 
ing in dependent school districts, and the county superintendent is the 
truant officer for other districts in his county. Any persons who em- 
ploy children under the age of fifteen during hours when the public 
schools are in session may be punished. 

Teachers' Certificates 

"•"No person shall be allowed to teach in any of the public schools 
of tl-^s state nor draw wages as a public school teacher who is not a 
holder of a valid teacher's certificate." 

"No person shall be entitled to a certificate of any grade who has 
not attained the age of eighteen years and who does not present evi- 
dence of good moral character." — Session Laws, 1907. 

Professional Certificates. Three kinds of professional 

certificates are issued by the superintendent of public 



26 THE STATE AND NATION 

instruction — life diplomas, state certificates, and voca- 
tional certificates. 

A life diploma may be obtained by a teacher who has 
had forty months of successful experience if (a) he is a 
graduate of the state university or an approved college 
and has taken a certain amount of professional work; 
(b) if he is a graduate of a state normal school, or nor- 
mal school of equal grade, and has taken at least six 
years of work beyond the eighth grade ; or (c) by passing 
examinations. After September 1st, 1921, applicants for 
a life diploma must present evidence of having attended 
an approved normal school or educational department of 
an approved college or university at least twenty-four 
weeks, unless they have had five years' experience in 
teaching or other educational work. 

A state certificate, valid for five years and renewable, 
may be obtained by graduates of state normal schools, or 
other schools of equal rank, providing the course com- 
pleted extends six years beyond the eighth grade and 
contains a certain amount of professional work, and pro- 
viding also that the applicant has had eighteen months' 
successful experience in teaching. Provisional certifi- 
cates, of equal rank with state certificates and valid for 
two years, are issued to normal school graduates who 
have not had the required experience in teaching. 

A state certificate may also be obtained by examination 
provided the applicant has had at least twenty-four 
months' successful experience. The longer experience is 
required for those who are not normal school graduates 
because of their lack of professional training, which in- 
cludes practice teaching under trained critics. 

After September 1, 1920, applicants for state certifi- 
cates must present evidence of having attended an 
approved normal school or educational department of an 



THE PUBLIC SCHOOL SYSTEM 27 

approved college or university at least eighteen weeks, 
unless they have had five years' successful experience in 
teaching or other educational work. 

Vocational Certificates may be issued by the superin- 
tendent of public instruction to teachers engaged exclu- 
sively in teaching manual training, domestic science, agri- 
culture, music, drawing, commercial subjects, penman- 
ship, foreign languages and kindergarten methods or art. 
Vocational certificates are valid for teaching only the 
subjects named thereon for five years and are renewable. 

Elementary School Certificates. The following certifi- 
cates are issued by the superintendent of public instruc- 
tion and entitle the holders to teach in grades below the 
high school. First Grade certificates, valid for three 
years, authorize the holders to teach all first grade certifi- 
cate subjects. 

To obtain one of these certificates a person must pass 
a suitable examination or do four years' work beyond the 
eighth grade, two years of which must be in a state 
normal school or an approved school which has a normal 
department in which professional work and practice 
teaching are done. Successful experience covering a 
period of six months is also required. The first grade 
certificate may be renewed without examination if the 
teacher is successful. A second grade certificate may be 
obtained by examination or by doing two years' normal 
school work beyond the eighth grade. It is valid for two 
years. Third grade certificates may be obtained only by 
examination and are valid for one year in a certain dis- 
trict designated by the county superintendent. Only two 
of these certificates may be issued to the same person. 
A primary certificate may be issued to teachers in kinder- 
gartens and in first and second grades of city and town 
schools. It is valid for five years in the county where 



28 THE STATE AND NATION 

issued but may be made valid in other counties by the 
endorsement of the county superintendent. 

EXAMINATIONS. For second grade certificates: orthography- 
reading, writing, arithmetic, physiology and hygiene with special 
reference to the effect of alcoholic drinks and narcotics upon the 
human system, geography, English grammar, history of the United 
States, civil government, South Dakota history, didactics, and draw- 
ing. Third grade certificates may be issued in the discretion of the 
state superintendent to those who have failed in their examination 
to measure up to the requirements of the department for a second 
grade certificate. For first grade certificates: current events, physical 
geography and American literature' in addition to the foregoing sub- 
jects. For primary certificates: the same as for second grade except- 
ing kindergarten and primary methods are substituted for civil gov- 
ernment. 

Professional Training. We have noted that profes- 
sional training will be required of applicants for the life 
diploma after September 1st, 1921, and of applicants for 
the state certificate after September 1, 1920, unless they 
have had five years of teaching experience. After Sep- 
tember 1, 1920, applicants for the first grade certificate 
must show evidence of twelve weeks' attendance or three 
years' experience; for a second grade certificate six 
weeks' attendance or two years' experience ; for a primary 
certificate eighteen weeks' attendance or five years' 
experience. 

SPECIAL CERTIFICATES of the first, second, or third grade 
may be issued by county superintendents to applicants who were 
unable to be present at the regular public examination. Such certifi- 
cates, like the other elementary school certificates, are valid only in 
grades below the high school and only until the next regular exami- 
nation. 

SPECIAL PROVISIONS. In independent districts in cities of 
the first class (having a population of 10,000 or more) the board of 
education appoints two persons who, with the city superintendent as 
chairman, constitute an examining committee. This examining com- 
mittee has power to issue certificates to teachers in that district. 

In independent districts special teachers of music, drawing, pen- 
manship, bookkeeping, foreign languages or kindergarten methods are 
not required to hold certificates. 

FEES FOR CERTIFICATES. Fees must be paid by applicants 
for certificates as follows: Life diplomas, ten dollars; state and vo- 
cational certificates, five dollars (professional certificates are free to 
resident college or normal school graduates) ; other certificates, one 



THE PUBLIC SCHOOL SYSTEM 29 

dollar. One-half of the fee is returned in ease of failure to get a state 
certificate or life diploma. 

RETOCATIOX OF CERTIFICATES. "The county superintendent 
is hereby authorized and required to revoke at any time first, second, 
or third* grade certificates and primary teachers' certificates for any 
cause which would have prevented the issue of the same, — for incom- 
petency, immorality, intemperance, violation of the state law, cruelty, 
general neglect of the business of the school, — and for refusal and 
neglect to attend regularly a county institute and at least one district 
institute each year, after due notice, provided that holders of first 
(grade) or higher certificates, in force, who have attended regularly 
at least four normal institutes may be excused by the county or state 
superintendent, in his discretion, from attendance at county institute 
for such current year." — Session Laws, 1907. 

For similar reasons the state superintendent may re- 
voke life diplomas or state certificates, and the city super- 
intendent of cities of the first class may revoke certifi- 
cates issued by the examining committee of which he is 
chairman. 

REGISTRATION" OF TEACHERS. The legislature of 1917 pro- 
vided by law for the registration of teachers with the superintendent 
of public instruction and filing with him of recommendations and ref- 
erences. Any school officer may send to the department for this in- 
formation as a guide in the selection of teachers. The teachers are 
not required thus to register and those who do so must pay a fee of 
one dollar. The fee may be increased to two dollars. 

Duties of Teachers. Teachers have many duties and 
responsibilities. Four are mentioned in the course of 
study: I. Keep a record of the enrollment, attendance, 
classification and progress of the pupils in the various 
subjects. 2. Make monthly and term reports to the 
clerk of the board and to the county superintendent. 3. 
Keep the school graded according to the course of study 
(to some extent pupils may be promoted by subjects). 
4. Co-operate with the county superintendent. In towns 
and cities having a superintendent of schools other 
duties are usually prescribed. Attendance at institutes, 
taking up reading circle studies and other lines of pro- 
fessional improvement are expected of the teacher. 

DISTURB AX CE OF A PUBLIC SCHOOL. "Every person whether 
pupil or not, who shall wilfully molest or disturb a public school 



30 THE STATE AND NATION 



when in session, or who shall wilfully interfere or interrupt the 
proper order or management of a public school by acts of violence, 
boisterous conduct or threatening language, so as to prevent the 
teacher or any pupil from performing his duty shall be guilty of a 
misdemeanor, and shall upon conviction thereof, before a justice of 
the peace, be punished by fine not exceeding twenty-five dollars or by 
imprisonment in the county jail not more than ten days, or by both 
such fine and imprisonment." (Section 141.) 

DEFACEMENT OF SCHOOL PROPERTY. "Any pupil who cuts, 
defaces, or otherwise injures any school house, apparatus, or outbuild- 
ings thereof, is liable to suspension or expulsion ; and on the com- 
plaint of a teacher to any member of the school board, the parents or 
guardians of such pupils shall be liable for all damages." (Section 
142.) 

School Library. When the county superintendent 
apportions to school districts the money due them from 
the apportionment fund he has set aside for a library 
fund for each district ten cents for each child of school 
age in the district. Each year library books are pur- 
chased with the money and sent to the different schools. 
The books are selected by a board, consisting of the 
county superintendent of schools, two other county offi- 
cers,* the superintendents of city schools and principals of 
schools employing more than one teacher. This is called 
the county library board. The books must be selected 
from a list furnished by the state free library commission. 

The clerk of the district has charge of the school 
library. The school board must provide a suitable book 
case. The books must be kept in the schoolhouse dur- 
ing the term of school. The books may be used by any 
resident of the district as well as by the teacher and 
pupils. 

Civic Meetings. The electors of a school district at the 
annual election may levy a tax not to exceed $50.00 for 
a year, to be spent by the school board in the organiza- 
tion, management and direction of non political, non sec- 
tarian public gatherings of the citizens for the discussion 
of public questions and for civic, social and educational 

* The auditor and state's attorney. 



THE PUBLIC SCHOOL SYSTEM 31 

activities. Preceding- the election twenty-five per cent of 
the electors must petition the board to submit the ques- 
tion to a vote and notice of the proposed action must 
appear in the notice for the school election. 

Classification of Schools. The usual classification of 
the schools of the state is into (a) elementary schools 
(often called "common schools") of eight grades, (b) 
high * schools of four grades, and (c) higher institutions. 

Educational work is classified as (a) elementary, cover- 
ing the first eight grades, (b) secondary, covering grades 
9 to 12 inclusive, and (c) higher, the education which 
extends beyond the twelfth grade. 

A college or a university course comprises four years' -work beyond 
the twelfth grade and leads to what is called the "bachelor's degree." 2 
A year's work of exceptional quality beyond the sixteenth grade leads 
to a "master's degree" 3 and three years of Work of unusual merit may 
lead to a "doctor's degree." 4 The work of the state normal schools in 
this state is partly of secondary grade and partly of college grade. 
Students may be admitted from the eighth grade and the work ex- 
tends two years beyond the twelfth grade. In some states the work 
of the normal schools is entirely of college grade. In fifteen states 
the normal schools offer four years of work of college grade, leading 
to the bachelor's degree. 

Elementary Schools. "The true head of the system of 
education is the elementary school, the school of all the 
children of all the people." 

Common School Subjects. "Instruction shall be given 
in the common schools of the state in the following 
branches, in the several grades in which each may be 

1. In some places "Junior" high schools are established. Various 
plans are followed when this is done, the six-six> arrangement being a common 
one. In this plan the elementary school comprises six grades and the 
high school six grades. The seventh, eighth and ninth grades thus com- 
prise the junior high school and the tenth, eleventh and twelfth grades 
comprise the senior high school Several other arrangements are also 
made. 

2. B. A., Bachelor of Arts; Ph. B., Bachelor of Philosophy; B. S., Bache- 
lor of Science, etc. 

3 If. A.. Master of Arts; M. S., Master of Science, etc. 

4. Ph. D.. Doctor of Philosophy, D. S., Doctor of Science, etc. The 
degree L. L. D., Doctor of Laws, and D. D., Doctor of Divinity, are conferred 
as honors. These degrees should not be confused with those of M. D., Doctor 
of Medicine, or D. D. S., Doctor of Dental Surgery. 



HIGH. SCHOOL BUILDINGS. 




Sioux Falls. 



Watertovvn. 




Pierre. 



Webster. 




Armour. 



Clear Lake. 



THE PUBLIC SCHOOL SYSTEM 33 

required, viz. : reading, writing, orthography, arithmetic, 
geography, primary language and English grammar, his- 
tory of the United States, history of South Dakota, 
physiology and hygiene, with special instruction as to 
the nature of alcoholic drinks and narcotics and their 
effects upon the human system, civil government and 
drawing." 

The common school may also provide for instruction 
in other branches, including high school subjects, if the 
electors at the annual election so order. The teacher 
must then hold at least a first grade certificate. The 
length of the school term or school year cannot be less 
than seven months. In a very large number of schools 
the term* is nine months in length. 

Free Tuition to Eighth Grade Graduates. If a pupil who 
lives in a district which does not maintain a high school, 
finishes the eighth grade, the district is compelled by law 
to pay the tuition of such pupil in a high school or nor- 
mal school, not to exceed $3.50 per month. The purpose 
of this law is to place a high school or normal school 
education within the reach of 'every eighth grade gradu- 
ate. If the members of the school board complain at the 
payment of this tuition, they should remember that it 
would be vastly more expensive to maintain a high 
school. The law is quoted in full in Chapter IV. 

High Schools. High schools are maintained in nearly 
all towns and cities and in some consolidated or town- 
ship districts. The courses of study cover one, two, 
three, or four years of work beyond the eighth grade. 
The subjects usually taught are ancient, medieval, and 
modern history, composition and rhetoric, American and 



* In many cities summer terms are also provided for the children 
Usually half day sessions are held. These were estahlished in the beginning 
for backward pupils only, but in many places other pupils are taking 
advantage of these summer terms. 



34 THE STATE AND NATION 

English literature, algebra, geometry, general science, 
physical geography, agriculture, botany, physics, chem- 
istry, foreign languages, manual training, household 
arts, etc. 

Those which meet certain requirements as to the 
qualifications of teachers, equipment, etc., are classed as 
accredited high schools. Credits earned by students in 
such high schools are accepted without question by 
higher educational institutions. The high schools of the 
state which do not meet these requirements are called 
non-accredited high schools. 

ACADEMIES. In 1821 the first public high school was established 
in Boston. Before that time many academies and preparatory schools 
had been established and many of these are still maintained in spite 
of the rapid growth of high schools. There are several academies in 
this state and all the higher educational institutions excepting the 
state university maintain preparatory schools or academies giving 
work of high school grade. 

Normal Schools. These have been established for the 
education and training of teachers. "As the teacher, so 
the school," is an old and wise saying. People are 
demanding better trained teachers for their children. In 
many states considerable normal training is required of 
all teachers* and only normal graduates or teachers of 
equal training and ability will be employed in the better 
schools. The normal schools provide instruction in the 
various branches and also give actual teaching experi- 
ence, under the guidance of expert teachers. The state 
has established normal schools at Madison, Spearfish, 
Springfield and Aberdeen. 

Colleges and Universities. The state university at 
Vermilion maintains five colleges — of arts and sciences, 



* After September 1, 1920 or 1921, some professional training will be 
required of all applicants for teachers' certificates, the amount varying 
with the grade of certificate. A student who has completed a four year 
high school course may graduate from a normal school in two years and 
apply the credits toward a college or university course, graduating from 
the latter in two more years. 






THE PUBLIC SCHOOL SYSTEM 35 

law, medicine, engineering and music. The state college 
of agriculture and mechanic arts is located at Brookings. 
In a great farming state like South Dakota agricultural 
education is of great importance. Connected with the 
state college is the United States experiment station and 
several sub-stations. A school of mines is maintained 
by the state at Rapid City. There are many higher edu- 
cational institutions in South Dakota which are not sup- 
ported by taxation. They are usually under the manage- 
ment of churches. 

The principal denominational colleges and schools are Yankton 
College (Congregational) at Yankton; Redfield College (Congre- 
gational^ at Redfield; Sioux Falls College (Baptist) at Sioux Falls; 
Huron College (Presbyterian) at Huron; Dakota Wesleyan Univer- 
sity (Methodist) at Mitchell; Columbus College (Catholic) at Cham- 
berlain; Augustana College (Scandinavian Lutheran) at Canton; 
Eureka College (German Lutheran) at Eureka; Lutheran Normal 
School at Sioux Falls; All Saints School (Episcopal) at Sioux Falls; 
Wessington Springs Seminary (Free Methodist) at Wessington 
Springs: Ward Academy (Congregational) at Academy; Plainview 
Academy (Adventist) at Redfield; Freeman College (Mennonite) at 
Freeman. 

There are many schools throughout the state for the education of the 
Indians. The federal government operates four industrial schools for 
Indians in South Dakota. These are at Flandreau, Pierre, Rapid City, 
and Springfield. 

Educational Survey. The legislature of 1917 provided 
for a survey of the public educational system of the state. 
A commission of three was appointed by the governor to 
employ non-resident educational experts nominated by 
the United States Commissioner of Education. It was 
believed that a careful study of our educational system 
would enable the school authorities and the legislature 
to remedy conditions found to be faulty and make many 
improvements. 

SCHOOL LAW ITEMS 

BIBLE READIXG. "No sectarian doctrine may be taught or in- 
culcated in any of the school^ of the corporation, but the Bible with- 
out sectarian comment, may be read therein." 



36 THE STATE AND NATION 

TREE PLANTING. "It is hereby made the duty of the officers of 
every school district in the state of South Dakota to plant trees 
and shrubs upon the grounds of each schoolhouse in their district 
and to encourage the school children to plant such trees and shrubs 
and to cultivate and protect same." 

SCHOOL PERIODS. The school year shall begin July first and 
end June thirtieth. A school month shall consist of twenty days, a 
school week of five days, a school day of five and one-half hours, ex- 
clusive of intermission. Provided, that the time specified as a school 
day shall not apply to primary schools. Saturdays shall not be 
counted as school days." 

SCHOOL HOLIDAYS. "The teacher shall not hold school upon 
any of the following legal holidays : The thirtieth day of May, the 
fourth of July, the day appointed by the President of the United 
States for national thanksgiving, and the twenty-fifth day of Decem- 
ber. But such days shall count as a part of the term and the teacher 
shall be paid therefor, but such pay shall not be drawn for any Sun- 
day." 

FRANCES WILLARD DAY. "September 28th, or the school day 
in each year hereafter nearest that date, shall be set apart and desig- 
nated as 'Frances Willard Day' and in every public school in the 
State of South Dakota, one quarter of the school day shall be set 
apart for instruction and appropriate exercises in patriotism,' civic im- 
provements and the history and benefits of the prohibitory amend- 
ment to the constitution and the prohibitory laws of the State of 
South Dakota. It shall be the duty of all state, county, city and 
school district officers, and all public school teachers in the state, to 
carry out the provisions of this act. It shall be the duty of the state 
superintendent of public instruction to prepare suitable material for 
the observance of 'Frances Willard Day.' " 

ETHICAL INSTRUCTION. "Moral instruction intended to im- 
press upon the mind of pupils the importance of truthfulness, temper- 
ance, purity, public spirit, patriotism and respect for honest labor, 
obedience to parents and due deference for old age, shall be given by 
every teacher in the public service of the state." 

Other Educational Topics. Some other topics on edu- 
cation are discussed in other portions of the book. For 
such topics as "state board of education," "regents of edu- 
cation," "county superintendent," "superintendent of pub- 
lic instruction," etc., consult the Index. 



THE PUBLIC SCHOOL SYSTEM 



37 



The Congressional Township 

Land Marks.* The system of bounding farms and 
other land areas by reference to streams, roads, piles of 
stones, trees, stakes, and other landmarks prevails very 
extensively over the world. The early settlers who came 
to this country from Europe and settled along the 
Atlantic seaboard naturally followed this plan and do to 
this day. 




Congressional townships are numbered 
in tiers north and south of a base line 
and in ranges east and west of a principal 
meridian. 



6 


5 


4 


3 


2. 


t 


7 


a 


9 


10 


II 


12 


m 


17 


16 


IS 


14. 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



The numbering of sec- 
tions in a congressional 
township. Sections 16 and 
and 36 in every congres- 
sional township were giv- 
en to the state by the 
United States for the 
benefit of the public 
schools. 



A South Dakota man was visiting his boyhood home in Pennsyl- 
vania. Walking over the fields with the man who then owned the 
farm he noticed an old walnut tree in a neighbor's field. 

"Why", said he, "did you sell this strip of land?" 

"No", said the owner. 

"Well, when I was a boy that tree was on our farm." 

The matter was at once investigated and it was found that in some 
way the "ancient Landmarks" had been removed a few rods and this 
accidental discovery led to a restoration of the old line. 

The Northwest Territory. This was the region north 
of the Ohio river from Pennsylvania to the Mississippi 

* See page 227 of the author's mathematical geography, published by 
the American Book Company. 



38 ' THE STATE AND NATION 

river. Different states had conflicting claims to portions 
of this region. During the Revolutionary War these 
states began giving up their claims in favor of the United 
States. By 1785 nearly all state claims were withdrawn 
and congress decided to have the region surveyed and 
sold to settlers. 

The Survey Begun. Thomas Jefferson is believed to 
have suggested the general plan of our land survey. 
Thomas Hutchins was appointed "geographer of the 
United States,*' and after the selection of thirteen assist- 
ants, he was instructed to begin the survey. 1 Starting 
in 1786 from the southwest corner 2 of Pennsylvania, he 
laid off a line due north to a point on the north bank of 
the Ohio river. From this point he started a line west- 
ward into the Ohio country. 

According to the directions of congress, every six miles 
along this base line meridians were to be laid off due 
north and south. Lines parallel to the base line were 
to be laid off every six miles. Each of the six miles 
square was to be divided into thirty-six square miles 
and these into quarters, thus spreading a huge "gridiron" 
or "checkerboard" over the land. The larger squares 
were called "townships." 

Ranges of Townships. Principal meridians 3 are run 
north and south and rows of townships extending north 
and south are called ranges. The eastern half of South 
Dakota was surveyed from the fifth principal meridian. 
This is located in eastern Iowa, Missouri and Arkansas. 
Sioux Falls and Milbank are in range 49 west of the fifth 



1. There were then thirteen states and their mutual distrust of each 
other was shown by the fact that there was to be one assistant from each 
state, lest some states might have an advantage in this valuable region! 
Not all of the assistants accepted the appointments though enough did so 
that he could begin the work the next year. 

2. This was the western, end of the famous "Mason and Dixon's 
Line." Look this up in your history and report to the class. 

3. Do not confuse these with the prime meridian from which longi- 
tude is measured- 



THE PUBLIC SCHOOL SYSTEM 39 

principal meridian. Aberdeen, Redfield, Wolsey, Plank- 
inton and Armour are in range 64 west of the fifth prin- 
cipal meridian. The six counties between Tripp and Fall 
River counties were surveyed from the sixth principal 
meridian. The rest of the state was surveyed from the 
Black Hills principal meridian. Lead and Deadwood 
are in range 3 east of the Black Hills principal meridian. 

Tiers of Townships. Base lines are run east and west 
and parallel to them are rows of townships called "tiers." 
In locating a township the word tier is usually omitted. 
The base line to the fifth principal meridian passes just 
south of Little Rock, Arkansas. Townships are num- 
bered northward from this to the Canadian line. Yank- 
ton and Springfield are in township number 93 north of 
the base line to the fifth principal meridian, Mitchell is 
in township number 103 north, etc. The base line to the 
sixth principal meridian is the southern boundary of 
Nebraska. The base line to the Black Hills principal 
meridian passes through the central part of Pennington 
county and forms the dividing line between Jackson and 
Haakon counties. 

Standard Parallels. The eastern and western bound- 
aries of townships are meridians, or north — south lines. 
Owing to the. curvature of the earth these lines converge 
toward the north. At our latitude this convergence is 
about seven feet per mile or about forty-two feet to each 
township. If the same meridians were used for many 
townships the width of the townships toward the north 
would get very much smaller than six miles. To pre- 
vent this, new meridians are usually started every four 
townships or every twenty-four miles. The line on which 
this change of meridians is made is called a standard 
parallel. Because the meridians are here corrected as to 
their distance apart, standard parallels are often called 



40 TriE STATE AND NATION 

"correction lines." The line which forms the boundary 
between Minnesota and Iowa extends westward to Mel- 
lette county and is called a "secondary base line" to the 
fifth principal meridian. Twenty-four miles north of it is 
the first standard parallel north of this line. The seventh 
standard parallel north of the secondary base line to the 
fifth principal meridian forms the boundary between the 
Dakotas. 

Survey Problems. Thirty-eight counties east of the 
Missouri have as northern or southern (or both) boundaries 
some standard parallel. See if you can find them on a 
state map. If you are driving northward and cross a 
standard parallel why is there the "jog in the road?" 
Look at the deed to some farm in your vicinity and see if 
you can explain the description of the land as given in it. 
From how many principal meridians has the area of 
South Dakota been surveyd? Which ones? Where these 
areas meet there is usually a fraction of a tier of town- 
ships left. The sections or fractions of sections in such 
an irregular strip are numbered exactly the same as 
though the township was complete. The triangular area 
of the former Wahpeton — Sisseton Indian reservation in 
the northeastern corner of the state presents an extremely 
interesting study because of the irregularities in number- 
ing. In some places may b.e found two pieces of land hav- 
ing exactly the same description. The only way they can 
be distinguished by legal description is by stating that 
one of them was once a part of the reservation. 

If you can talk this subject over with an experienced 
surveyor he will tell you many interesting things as to 
the practical methods employed in surveying. Many 
devices are used to lay off the lines as straight as may 
be on the curved surface of the earth. You will be inter- 
ested in learning how "errors are thrown to the north and 



THE PUBLIC SCHOOL SYSTEM 41 

west" by making certain boundaries of townships not 
true meridians, or north-south lines, but lines parallel to a 
true meridian. 

In theory the townships and sections should be square 
and all be of the same size. It is impossible to lay off 
lines in perfect squares on the curved surface of the earth. 
True meridians approach each other as they extend 
northward toward the north pole. North-south lines 
therefore can not be parallel. The surveyor thus has 
many difficulties and has adopted a number of devices to 
make townships and sections as nearly square as possible 
and as nearly the same area as possible. The surveyor 
lays off one north-south line or true meridian from one 
standard parallel to another. Then he starts westward 
measuring off townships from this meridian. It is 
apparent that a line parallel to a meridian is not a true 
north-south line. After the surveyor has laid off six of 
these lines parallel to his meridian he lays off another 
meridian, or true north-south line. This makes the west- 
ern of these ranges somewhat narrower toward the north. 
As the survey starts in the southeast and measurements 
are made toward the south and west, the principal errors 
and discrepancies are thus "thrown to the north and 
west." 

The Civil Township 

Congressional and Civil Townships. We have noticed 
that when the government land survey was begun the 
word "township" was used to designate a surveyed area 
of ^ix miles square. As the survey was authorized by 
congress the term "congressional township" is very com- 
monly used. Xo people occupied these congressional 
townships except Indians and occasional white traders or 
trappers. Now, the local organization of the people into 



42 THE STATE AND NATION 

a government in New England was also called a town- 
ship. To distinguish them, the area six miles square, 
comprising sections to thirty-six, is called a congressional 
township, and the organization of the people into a local 
government is called a civil township. A congressional 
township is simply so much surveyed land, and does not 
have officers any more than an acre or a square mile. A 
civil township is the public corporation organized for the 
purpose of carrying on government. Wherever the word 
township is' used we always mean a civil township unless 
we are locating land according to the government sur- 
vey. The word town is often used instead of the word 
township, but rarely in this book excepting in a few quo- 
tations from the law. 

An Old Institution. The township is one of the oldest 
of our government divisions. It has been in existence 
since the days when our savage ancestors lived around 
the Baltic sea. In New England it is still the principal 
subdivision of the state, for in some states there is no 
county superintendent of schools, county register of 
deeds, etc., their duties being performed by township 
officers. With us, however, the township officers have 
few powers; the county is our principal subdivision of 
the state for governmental purposes. 

Organization of a Township. The people of not less 
than one congressional township nor more than four 
may have a civil township organized if a majority of the 
voters petition the county commissioners, who provide 
for the election of officers. There must be at least 
twenty-five voters in the township to be organized. 

Annual Town Meeting. It was a very ancient custom 
among our ancestors of Europe for the people of a com- 
munity to meet and agree upon the method of regulating 
their local affairs. This is done in many countries today. 



THE PUBLIC SCHOOL SYSTEM 43 

In Switzerland the people of the canton thus meet for 
passing laws, and even in Russia, whose government was, 
until recently, so stern and autocratic, the people of the 
mir, or local community used to meet and decide upon 
many affairs of a local nature. It is interesting to note 
that in Russia each household has one vote, cast by the 
head of the family, — the widow or the eldest son, if the 
father is dead. 

"The citizens of the several towns of this state, qualified to vote at 
general elections, shall annually assemble and hold town meetings on 
the first Tuesday in March." — Pol. Code. 

This meeting is called to order between nine and ten 
o'clock in the morning by the town clerk, or, if he is not 
present, by any voter. The presiding officer is elected 
by the voters present and is called the moderator. He is 
addressed as "Mr. Moderator." The voters at this meet- 
ing may decide what regulation shall prevail concerning 
animals running at large ; appoint pound masters ; vote 
money to repair the roads, build bridges, care for the 
poor, put up sign-boards, etc. They then proceed to elect 
township officers. 

Board of Supervisors. There are three members of this 
board, elected for three years; one is elected each year. 
The supervisor who is serving the last year of his term 
is chairman of the board. 

The duties of the board are very similar to those of the 
county commissioners — looking after the property of the 
township, acting as a board of equalization and assess- 
ment for the township, etc. The board must approve the 
bonds of the other township officers, though the bonds, 
for safe keeping, are filed with the county clerk of the 
courts. It levies a poll tax (poll means "head") on every 
man between the ages of twenty-one and fifty, unless he 
is a pauper or under a guardian. Firemen and militiamen 



44 TH^ STATE AND NATION 

are also exempt from the poll tax. A road tax is levied 
against all taxable property in the county. 

Culverts and Small Bridges. "The supervisors of any 
township and the trustees of an incorporated town shall 
cause to be constructed and installed at the expense of 
such township or incorporated town all culverts or 
bridges, the cost of which, as estimated by the county 
commissioners, does not exceed the sum of one hundred 
and twenty-five ($125.00) dollars. Provided, that the 
township supervisors of any township may upon being 
authorized by the board of county commissioners, repair, 
build or construct within their township any bridge or 
culvert wherein the cost of such bridge or culvert ex- 
ceeds $125.00, and not more than $1,000.00, and that the 
county in the discretion of the board of county commis- 
sioners, may pay not to exceed one-half of the cost of 
such culvert or bridge." Session Law for 1917, Chapter 
257, section 4. 

Board of Health. "The town supervisors shall consti- 
tute a board of health and within their respective towns 
shall have and exercise all the powers necessary for the 
preservation of the public health. The board of health 
may examine into all nuisances, sources of filth and 
causes of sickness and make such regulations respecting 
the same as they may judge necessary for the public 
health and safety of the inhabitants ; and every person 
who shall violate any order or regulation made by any 
board of health and duly published shall be deemed guilty 
of a misdemeanor and punished by a fine not exceeding 
one hundred dollars, or by imprisonment in the county 
jail for not exceeding three months." — Pol. Code. 

Township Clerk. He is clerk of the board of super- 
visors, keeping minutes of their meetings. He also keeps 
the minutes of the town meeting. He draws warrants on 



THE PUBLIC SCHOOL SYSTEM 45 

the township treasurer, posts notices of elections, and 
sends to the county auditor a report of the tax to be 
levied for township purposes. 

Township Treasurer. This officer has charge of money 
belonging to the township, receiving it from the county 
treasurer, who collects it with the state, county, and 
school district taxes. 

Township Assessor. The assessor makes out a com- 
plete list of all property which is subject to taxation. 
He goes to each person in the township, so far as pos- 
sible, in order to make out this list. His list is examined 
by the board of supervisors who meet as a "board of 
equalization and assessment." After making any correc- 
tions or changes the board sends the list to the county 
auditor. 

Justices of the Peace. In organized townships there 
are two justices of the peace and two constables elected 
by the people of the township for two years. The justice 
may try civil cases where the amount in controversy is 
$100.00 or less. In criminal matters he may try cases for 
which the punishment does not exceed $100.00 fine or 
thirty days in jail, or both. He is a "committing magis- 
trate" for crimes greater than he has the power to try, 
i. e., he binds over the accused to appear to a higher court 
for trial. [See Chap. VI.] 

Constables. In each organized township there are two 
constables elected for two years by the people of the 
township. These are the local peace officers. They serve 
legal papers. 

UXORGAyiZED T0^YX$HIPS. Where the townships are unor- 
ganized all township business is done under the direction of the county- 
commissioners except in matters of justice. 

VACANCIES. Section 1045 of the political code provides: 
"When any town fails to elect the proper number of town officers, 
or whenever any person elected to a town office fails to qualify, or 



46 THE STATE AND NATION 

whenever any vacancy happens in any town office from death, resig- 
nation, removal from town or other cause, the justices of the peace 
of the town, together with the board of supervisors, or a majority 
of them, shall fill the vacancy by appointment by warrant under their 
hand, and the persons so appointed shall hold their offices until the 
next annual town meeting and until others are elected and qualified 
in their places, and shall have the same power and be subject to the 
same duties and penalties as if they had been duly elected." The provi- 
sions of this section also apply to the filling of a vacancy in the board 
of supervisors or justices of the peace. By "qualifying" for an office 
is meant taking an oath to support the constitution of the United 
States, the constitution of the state, and to faithfully perform the 
duties of the office. Usually a bond must also be given for the faithful 
accounting of all public money. 



Good Roads Law 

Old Plan. Before 1907 each township was divided into 
several road districts and a road overseer was elected for 
each one. The road tax was "worked out" by farmers. 
Under this plan each county had from seventy-five to 
two hundred different road overseers, few of whom had 
much expert knowledge of road-making or suitable tools 
with which to work. It was rare to find an honest day's 
work done, for the custom was to "take it easy" when 
working out one's road tax. The method was very 
wasteful and ineffective. With such a system, it is no 
wonder that visitors from foreign countries have said, 
"America has poorer roads than any other civilized coun- 
try on earth." 

New Plan. The legislature of 1907 made some changes 
in the law, doing away with road overseers and placing 
the work in the hands of the township board c: super- 
visors. In 1911 the legislature provided that road taxes 
levied against property and a road poll tax of two dollars 
from every man between the ages of 21 and 50 (with a 
few exceptions) shall be paid and not worked out by the 
taxpayer. There is a township road tax and also a 
county road tax. Any road repairs in one place or con- 



THE PUBLIC SCHOOL SYSTEM 47 

tinuous stretch of road which costs less than two hundred 
fifty dollars shall be done by contract under the super- 
vision of the township board of supervisors. If the cost 
is over five hundred dollars the work is done by contract 
under the supervision of the county commissioners. In 
counties having a considerable area which is mountainous 
an engineer may be employed by the county. 

Great improvements have been made in recent years 
and the new plan seems to meet with general approval. In 
its favor it is argued that a few crews of good road-mak- 
ers with modern graders and other tools can accomplish 
far more work in building and repairing the roads of a 
county, do better work, and do it cheaper than under 
the old plan. In the more progressive portions of the 
United States the old plan is being done away with, and 
the result is that they are getting much better roads at no 
greater cost. 

New Plan Optional. In many places there are objec- 
tions to the adoption of the new plan, so the legislature 
provided that the people of a township may vote to con- 
tinue working out their road tax at the rate of twenty 
cents an hour for a man, or forty cents an hour for a 
man and team. The county, too, may reject the "good 
roads law" by a majority vote. 



48 THE STATE AND NATION 



STATE COURSE OF STUDY 

Civics Outline 

The study of civics like the study of history should 
begin in the lower grades. The formal study of the sub- 
ject should not be taken up until the eighth grade. 

History and civics are closely allied and should be 
correlated throughout the course. In the lower grades 
this can be done by means of history stories, songs, poems 
and biographies of great men. 

Civics should lead the pupil to a definite understanding 
of the duties that he owes to society and to the state. 

It should not be taught as the mere machinery of 
government but should be linked up with real life. The 
pupil should realize that he is a part of each political 
group studied. In this way he will develop a respect for 
society, government and good citizenship. 

FIRST MONTH 
Local Government. 

A. School District. 

1. Boundaries. 

2. Kinds. 

(a) Common District. 

( 1 ) One or more schools. 

(2) District Board. 

( a ) Number of members. 

(b) Chairman. 

(c) Clerk. 

(d) Treasurer. 

(e) Meetings: Regular and special. 

(f) Powers and duties. 

(b) Independent Districts. 

( 1 ) Organization. , 

(2) Board of Education. 

(a) Number of members. 

(b) President. 



THE PUBLIC SCHOOL SYSTEM 49 

(e) Clerk. 

(d) Treasurer. 

(e) Meetings: Regular and special. 

(f) Powers and duties. 
(c) Consolidated District. 





( 1 ) How organized. 




(2) Board 




( a ) Xumber of members. 




(3) Transportation. 




(4) Advantages. 


3. 


Maintenance. 




(a) Direct Tax. 




(b) Apportionment. 




(1) Interest. 




(2) Rent. 




(3) School Poll. 


4. 


Compulsory Education. 




(a) Attendance. 




(1) Maximum. 




( 2 ) Minimum. 




(b) Penalties. 




( c ) Truant Officers. 


5. 


Teacher. 




(a) Qualifications. 




(1) Age. 




(2) Certificate. 




(b) Duties. 




( 1 ) Keep record. 




(2) Make final and monthly reports. 




(3) Keep school graded according to course of study. 




(4) Co-operate with County Superintendent. 




(6) Disturbance of school. 




(a) Penalties. 




(7) Libraries. 




(a) How provided. 




(b) Use! 


3d 


iooIs of the State. 



(1) Common Schools. 

(a) Xumber of schools. 

(b) Subjects taught. 

(c) Length of term. 

(1) Minimum. 

(2) Maximum. 

(2) High Schools, 
fa) Accredited. 

(b) Non-accredited. 

(c) Years in course. 

(d) Subjects taught. 



50 THE STATE AND NATION 

(3) Normal Schools. 

( a ) Purpose. 

(b) Name and location. 

(4) Colleges and Universities. 
(a) Name and location. 

C. Township. 

( 1 ) Origin. 

( 2 ) Congressional. 

(a) Shape and size. 

(b) Numbering of sections. 

(c) Base line*:. 

(d) Meridian line. 

(e) Correction lines. 

(3) Civil. 

( a ) Purpose. 

(b) Compare shape and size with Congressional. 

(c) Town Meetings. 

(1) Annual. 

(2) Speeial. 

(d) Officers. 

( 1 ) Supervisors. 

( a ) Number. 

(2) Clerk. 

( 3 ) Treasurer. 

(4) Assessors. 

(5) Two justices of the peace. 
( a ) Jurisdiction. 

(6) Duties of each. 

(7) Qualifications. 



CHAPTER III 

THE TOWN, CITY AND COUNTY 

The Town 

Township, Town, Village. As we have seen, a civil 
township comprises the people occupying one or more 
congressional townships. A village is a collection of 
houses and inhabitants in a small area. The people of a 
village may desire to organize as a separate government 
from the township because they may wish fire and police 
protection, street lights, waterworks, sewerage, side- 
walks, etc. The people of the entire township naturally 
do not want to be taxed to furnish these things to the 
village. Steps may then be taken to organize as a town 
with a government separate from the township. Such 
an organized town is said to be incorporated. We usually 
speak of a county or township as being "organized," but 
of a town or city as being "incorporated." In the way 
the words are usually used in South Dakota law, a village 
is simply a thickly settled portion of a township (or, if 
the township is not organized, of a county). A town is 
an incorporated village. 

Incorporation of a Town. Before 1905, the law did not 
provide what the population must be in order to incor- 
porate. The census of that year showed fifteen incorpo- 
rated towns having a population of less than one hun- 
dred, one of them having only five people, counting men, 
women and children. The law of that year provided 
that no new town should be incorporated until a careful 
census had been taken of the population, which must 

51 



-Afc JSi 




....... ... 




■ 

1 ^;- f- 


^te^rJf * "^ 


/ 


■"^MM^k 


- 




; '??ljjgpy ^^^^^HS 






£a m 


„»it 






-'S --a^^^^i'"-, , 











A View of the Town of Claremont 




Second Avenue Scene, Aberdeen. 




Business District of Sioux Falls. 



lil^HH 


T^^^^^^^^^BMHI 


001*0- **-**»mwmwmmmm* 




f0\P* ' mm 90 9***1 
1 »i 


; ! ™ ^SpOu 



A View in Lead. 



54 THE STATE AND NATION 

equal a certain number. In 1909 the legislature provided 
that there must be at least one hundred people in order to 
incorporate, thirty of whom must be voters. 

A survey is made of the area to be included, and a 
map is drawn showing its boundaries. A census is taken 
of the population, and the names of the heads of families 
and number of persons in each family are listed. A 
petition signed by at least one-third of the voters in the 
area is presented, with the map and census list, to the 
county commissioners. The name desired for the town 
is given in the petition, and it must be different from 
that of any incorporated town in the state. 

The county commissioners then call an election in the 
town to vote whether the town shall be incorporated or 
not. Three inspectors are elected at nine o'clock in the 
morning of the appointed day, and they conduct the 
election. If the vote is favorable the county commis- 
sioners declare the town to be incorporated and settle 
and adjust all claims and accounts between the town- 
ship and town. 

The inspectors divide the town into not less than three 
nor more than seven districts, and call an election to 
elect the officers for the town. The regular elections are 
held on the third Tuesday of April (law of 1909). 

Town Trustees. One trustee is elected from each dis- 
trict mentioned in the preceding paragraph. The board 
of trustees elects from its members a president and has 
many powers similar to a township board of supervisors, 
acting as a board of health and board of equalization and 
assessment, caring for town property, etc. A few addi- 
tional powers are given to the board of trustees, such as 
providing for a fire department, for sidewalks, etc. The 
board of trustees appoints a marshal (corresponding to 
township constable) and a road overseer. 



THE TOWN, CITY AND COUNTY 55 

Other Elective Officers. There are elected each year a 
clerk, assessor, treasurer, and justice of the peace. If 
desired, a town may have two justices of the peace. 
The duties of these officers are very similar to the duties 
of corresponding officers of the township. Thus the town 
clerk is clerk of the board of trustees, posts notices of 
election and draws warrants for the payment of money 
by the town treasurer. All offenses against the 
ordinances of the town must be tried before the town 
justice of the peace. In other matters he has the same 
jurisdiction as a township justice. 

The City 

Incorporation of a City. Any incorporated town hav- 
ing two hundred fifty or more people may be incorpo- 
rated as a city. Upon receiving a petition signed by 
one-eighth of the legal voters of the town, the trustees 
call an election to ascertain whether the people desire to 
incorporate as a city. If the vote is favorable, another 
election is held and city officers are elected. 

Special Charters. Before South Dakota became a state 
the territorial legislature granted special charters to 
cities, providing by special laws how each city should be 
governed. The state constitution prohibits the legis- 
lature from doing anything of this kind (see Article III, 
Section 23). The state legislature in 1890 provided by 
general law for the government of all cities that might 
afterwards be incorporated, and also provided that any 
city then having a special charter might incorporate 
again under the general law if the voters of the city 
wanted to do so. Nearly all of our cities have discarded 
their charters and incorporated under the general law. 

Municipal Corporations. Cities and towns are called 
municipal corporations. All municipal corporations. 



56 THE STATE AND NATION 

excepting those which may operate under a territorial 
charter, are classified into three classes. 

a. Municipal corporations of the first class. These are 
cities governed by a "commission." These cities elect 
either three or five commissioners, regardless of the por- 
tion of the city in which they live, and these commis- 
sioners have general charge of the government of the 
city. One of the commissioners is the mayor. A further 
discussion of this form of government is found under the 
title, "Cities under Commission. " 

b. Municipal corporations of the second class. These 
are cities governed by a "council." In these cities repre- 
sentatives called aldermen are elected from districts 
called wards,* and these aldermen, together with the 
mayor, who is elected at the same time, constitute the 
city council. This class of cities is discussed under the 
title, "Council Cities." 

c. Municipal corporations of the third class. These 
are the incorporated towns already discussed. 

Council Cities 

Council Cities. Cities in which the governing power is 
vested in a city council are called "council cities." Where 
the power is vested in a commission they are called 
"citiei under commission." 

City Council. From each ward two aldermen are 
elected for two years, one each year. These aldermen 
constitute the city council, together with the mayor, who 
is the presiding officer, though he has no vote excepting 
in case of a tie. 

The city council is a legislature for the city, being 
given many lawmaking powers. The laws it adopts for 
the city are called city ordinances. Some of its powers 

* All cities are divided into wards for convenience in conducting elections, 
but only council cities elect aldermen as representatives from wards. 




SOME ARTISTIC STRUCTURES. 

Methodist Church, Aberdeen. 
Court House Square and Co. H Monument, Watertown. 
Elks' Club House, Watertown. 
Carnegie Library, Milbank. 



58 THE STATE AND NATION 

are as follows : To control the property of the city ; to 
provide for the payment of the debts and expenses; 
to borrow money and issue bonds (within certain limits) ; 
"to lay out, establish, open, alter, widen, extend, grade, 
pave, or otherwise improve streets, alleys, avenues, side- 
walks, wharves, parks, and public grounds, and vacate the 
same"; to provide for lighting and cleaning the streets, 
to name or change the name of any street; to establish 
regulations for the construction of buildings, the piping 
for gas and water, and the wiring for electricity; to pro- 
vide for waterworks and sewerage; to license peddlers, 
pawn brokers, draymen, hackmen, plumbers, electricians, 
shows, theaters, etc.; to regulate the inspection and sale 
of bread, milk, meat, butter, and vegetables; to provide 
for fire protection ; to appoint a board of health and make 
health regulations; to regulate street railways; and to 
provide for cemeteries, parks, and public libraries. 

From a reading of the list of powers of the city council 
(and there are many other matters which they must 
regulate) it is readily seen that the management of a 
city is the most complex government we have. It is also 
the most expensive. As the city gets larger, the difficul- 
ties and problems increase. 

City Ordinances are passed by the city council in very 
much the same way as laws are passed by the state legis- 
lature, — introduced, two readings, signing by the mayor 
(he may veto). The ordinances must be published in the 
official newspaper (the one selected by the council for 
such publications). 

The Initiative and Referendum* apply to city ordi- 
nances. An ordinance may be prepared by anyone, and 
upon being petitioned by five per cent of the electors this 
proposed ordinance must be submitted to a vote of the 



* The initiative and referendum are more fully explained in Chapter IV, 



THE TOWN, CITY AND COUNTY 59 

people of the city. If the city council should pass an 
ordinance that met with objection, upon receiving a peti- 
tion signed by five per cent of the voters, the council 
must submit the ordinance to a vote of the people, unless 
it is one "for the immediate preservation of the public 
peace, or the public health, or expenditure of money in 
the ordinary course of the administration of affairs. " 

The Mayor. The chief executive officer of a city is 
called a mayor. He is elected for two* years. As we have 
already noticed, he presides at meetings of the city coun- 
cil. As a peace officer he is given power within the city 
limits equal to that of a sheriff. He may pardon persons 
imprisoned in the city jail for violating city ordinances. 
He appoints many of the officers, subject to the approval 
of the city council. 

It is the mayor's duty to see that law is enforced in 
the city. Since he appoints policemen and other officers, 
and may remove them, he has great influence in the 
management of city affairs and is in control of evils 
and vice which are too often found where people are 
crowded together as they are in cities. While much 
depends upon having a good mayor, he can do little 
unless he is supported by law-abiding people. A whole- 
some sentiment on the part of the citizens and a good 
mayor and other officers are both necessary for good city 
government. 

City Treasurer. The treasurer has duties similar to 
those of the treasurer of the town, township, and county. 
The county treasurer collects the genral taxes for the 
city and some of the special taxes, but the city treasurer 
collects such special taxes as water rents, license fees, etc. 

City Courts. A police justice and a city justice of the 
peace are elected for two years. These officers have the 

* This applies only to council cities. The mayor of a city under com- 
mission is elected for five years the same as other commissioners. 



60 THE STATE AND NATION 

same powers as justices of the peace of the township. 
It is customary, however, for policemen to take persons 
whom they have arrested before the police justice. 

Any city having a population of 5,000 or more, or a 
population of 1,500 if a county seat, may establish by vote 
a municipal court having power to try most kinds of civil 
cases where no more than five hundred dollars is in dis- 
pute, and criminal cases of misdemeanors. The city au- 
ditor is the clerk of this court, and the judge must be a 
licensed attorney. 

Appointive Officers. The law of 1907 (Chapter 87) 
provides : 

"There shall be appointed by the mayor, with the approval of the 
city council, a city auditor, city attorney, city engineer, city assessor 
and such other officers as may by the city council be deemed necessary 
and expedient." 

The city auditor is clerk of the city council, draws war- 
rants on the city treasurer, keeps the records, plats, and 
books of the city, issues licenses which are authorized 
by the council, etc. The city attorney is the legal adviser 
of city officers, inspects bonds issued by the city, and 
defends the city and looks after its interests in all legal 
actions. The city engineer makes surveys, locates sewers, 
lays off sidewalk grades, curbing, etc. The city assessor 
performs duties exactly like those of township and town 
assessors. 

Other officers usually appointed are a building inspec- 
tor to examine and approve all plans for buildings and 
their construction, to see that chimneys, foundations, 
walls and partitions are safe ; a wiring inspector to see 
that all electric wiring is done according to law ; a street 
commissioner to see to the grading, caring for, and clean- 
ing of the streets and alleys; a water commissioner to 
look after the laying of water pipes, sewers, etc. ; a health 
inspector to see that garbage and offensive matter be not 



THE TOWN, CITY AND COUNTY 61 

left in streets and alleys, post quarantine cards, disinfect 
bouses, etc. The police department is placed in charge of 
a chief of police acting under instructions from the 
mayor. The fire department is also in charge of a chief, 
with other officers and employes. 

Cities Under Commission 

A New Plan. Within recent years a new form of city 
government has been adopted by hundreds of cities that 
were not satisfied with the way their affairs were man- 
aged. Galveston, Texas, Los Angeles, California, and 
Des Moines, Iowa, have been the pioneers in trying 
various new features of this plan. In 1907 the legisla- 
ture of South Dakota passed an excellent law which in- 
cludes the best features of the various plans that have 
been most successful. 

TEE COMMISSION TEEORY. The theory upon which this plan 
is based is that the management of the affairs of a city is a business 
proposition to be placed in the hands of a small board having large 
powers just as any other corporation is managed. This board is elected 
by the entire city and held responsible by the entire city instead of 
being made up of representatives of wards of the city. Under the ward 
sy-tem a person who is unfit for the office may be elected alderman 
from a ward and he will act for the entire city, vote to expend the city's 
money, and the city as a whole may not think he is fit to serve, but as 
long as he can get elected from that ward he will remain in the council. 
In the city of Chicago a man who was noted for his bad character 
owned almost every saloon and tenement house in his ward and con- 
trolled the voters there so that he was elected over and over again, 
although the city as a whole did not favor his election. Then, too, an 
alderman elected from a ward may seek to have his ward improved 
at the expense of the city. According to the commission theory, a city 
is too compact a group to be divided off into geographical districts, 
each of which is to have its representatives on the governing board. Five 
of the best men should be chosen to rule the city regardless of the 
parts of the city in which they live. 

Term of Office. According to the commission theory, 

officers should be elected for a term that is long enough 

to enable them not simply to learn the duties but to 

become competent to discharge them well. Each com- 



62 THE STATE AND NATION 

missioner is elected for five years. One is elected each 
year. 

The Recall. An unwise choice might be made and an 
incompetent commissioner might be elected. A provision 
is made whereby the people may put a commissioner 
out of office and elect another if they choose. A petition 
signed by fifteen per cent of the electors may demand 
an election to decide whether a commissioner shall be 
retained in office or another elected in his place. (See 
page 214.) 

A Board of Specialists. One of the principal advan- 
tages of the commission plan is that the work is appor- 
tioned among the commissioners according to the special 
knowledge and ability of each. Where there are five 
commissioners they are designated as follows : 

a. Police and Fire Commissioner. This officer has 
under his special charge the enforcement of all police 
regulations of the city and general supervision over the 
fire department. 

b. Commissioner of Streets and Public Property. He 
has charge of the supervision of streets and alleys, pub- 
lic grounds, and the lighting and cleaning of them. 

c. Waterworks and Sewerage Commissioner. This 
commissioner has charge of the construction, mainte- 
nance and operation of the waterworks and sewer sys- 
tem and sees to the enforcement of all regulations con- 
cerning them. 

d. Commissioner of Finance and Revenue. He has 
charge of the laws for the assessment and collections of 
taxes of all kinds and manages the finances of the city. 

e. Mayor. One commissioner has general duties as 
mayor. He presides at meetings of the board and votes 
with the other commissioners, but has no veto power. 
Each commissioner has the power of a sheriff as a peace 
officer. 



SOME REPRESENTATIVE COUNTY COURT HOUSES 




Union. 



Day. 




Stanley, 



Walworth. 





^r-^^^ 


. -i 


IffTWP * * i 




Hyde. 



Potter. 



SOME REPRESENTATIVE COUNTY COURT HOUSES 




1 


a lip* |i i ii 




;jis| :| 



Pall River. 



Butte. 




Moody. 



Clay. 




Bon Homme. 



Sanborn. 



SOME REPRESENTATIVE COURT HOUSES. 





Hamlin. 



Spink. 



f Dili 



Chas Mix. 



*c- 



r H HI I 






Grant, 




Jlingsbury. 



Meade. 



66 THE STATE AND NATION 

The board as a whole has the same powers as a city 
council under the council system. As under the council 
system, cities under commission are divided into three 
classes on basis of population. Salaries are classified ac- 
cording to the class to which the city belongs. 

RESPONSIBILITY FIXED. An argument advanced by those who 
favor the commission form of city government is that it is much 
easier to fix responsibility for defects under this system than it is under 
the council form of city government. Under the commission system 
it is usually easy to know who is at fault if the streets are not prop- 
erly cleaned or other defects appear. Excepting at the first election 
or when vacancies are to be filled, only one commissioner is elected at a 
time. Suppose it is waterworks and sewerage commissioner ; the vot- 
ers of the city then may choose the person who is most capable of man- 
aging this important department of the city. 

Qualifications of Commissioners. A commissioner 
must be an elector, twenty-six years old, and a resident 
of the city at least two years. 

Other Officers. All of the usual officers and employes, 
such as city engineer, attorney, etc., are chosen and re- 
moved by the board. 

Cities May Adopt. Any city incorporated under the 
council system may adopt the commission plan. A peti- 
tion signed by fifteen per cent of the voters may demand 
that an election be held to decide whether the plan shall 
be adopted. 

The following South Dakota cities were among the 
first to adopt the commission plan : Aberdeen, Canton, 
Dell Rapids, Huron, Pierre, Rapid City, Sioux Falls, 
Vermillion and Yankton. 

City Manager Plan. A modification of the commission 
city plan is being introduced in a number of the cities 
of the United States whereby a city manager is employed 
who has had special training and experience in managing 
the affairs of a city. This plan may be adopted by any 
South Dakota city under commission. If this is done 



THE TOWN, CITY AND COUNTY 67 

a number of changes are made, such as the size of the 
commission and the term of office of the commissioners. 

CITY MANAGER PLAX SUCCESSFUL. This plan seems to be 
meeting with success wherever introduced. It is somewhat similar 
to the management of a city school system in that the board selects 
a superintendent who has general charge of the schools. It is also 
somewhat similar to the management of any other big corporation, 
like a bank or a railroad company. The board of directors selects a 
president who has large powers and responsibilities. 

The County 

Functions of County Officers. The county is an im- 
portant subdivision of the state for governmental pur- 
poses. Its officers carry out the provisions of state laws 
within the county. Thus the sheriff arrests persons who 
are accused of violating state laws within the county, the 
game warden protects the game according to the state 
game laws, the register of deeds records deeds and mort- 
gages as the laws of the state provide that they shall be 
recorded, and the county superintendent of schools sees 
to the enforcement of the school laws of the state within 
his county. The county officers are, in reality, state offi- 
cers whose power is limited to the county. Of course, 
they are called county officers, since they are, in nearly 
all cases, elected by the voters of the county and paid 
by the taxpayers of it. One of them, however, is called 
state's attorney, and for this reason many students con- 
fuse him with the attorney-general of the state. Al- 
though sometimes confusing, the term is better than 
county attorney, as he is called in many states, for his 
duty is to enforce state laws and act as an attorney for 
the state within the county. 

Relation of County to State. It is thus easily seen that 
the relation of the county to the state is not like the 
relation of the state to the nation. The county is, in the 
main, a district for the administration of state laws. A 



68 THE STATE AND NATION 

state is not simply a district for the administration of 
the laws of the United States, for the state carries on its 
own government and has nothing directly to do with the 
administration of national laws. The nation has its own 
officers to enforce its laws. If the county officers simply 
carried out the provisions of laws adopted by and for the 
county and left all enforcement of state laws to state 
officers, then the county would sustain the same relation 
to the state that the state does to the nation. 

County Enforces State Law. It is true that counties 
do adopt a very few regulations of their own and the 
county officers see that these regulations are enforced. 
These are so few, however, that they may be ignored. 
The student should think of the state as providing for 
elections, the county as carrying out the election laws ; 
the state as providing for registering deeds and other in- 
struments, the county as providing the means for doing 
the work; the state as providing for public school super- 
vision, the county as furnishing an officer and means for 
carrying out the law ; the state as providing for the pun- 
ishment of crimes, the county as supplying a sheriff and 
jails for the arrest and custody of accused persons, a 
clerk for recording the court proceedings, a courthouse 
for the trial, etc. 

To Organize a New County. We have in South Da- 
kota several unorganized counties; that is, counties 
having no officers. These are created by the state legis- 
lature and attached to nearby organized counties for tax- 
ation and court purposes. A taxpayer in an unorganized 
county pays his taxes to the treasurer of the organized 
county to which it is attached. 

An unorganized county constitutes a single school dis- 
trict with a school board of five members and a super- 
intendent, all appointed by the governor. 



THE TOWN, CITY AND COUNTY 60 

"Whenever the voters of any unorganized county in this state shall 
be equal to one hundred and fifty or upwards, and at least one hundred 
and fifty shall desire to have said county organized, they may petition 
the governor, setting forth that they have the requisite number of legal 
voters to form a county organization, and request him to organize 
said county as hereafter provided." — Political Code. 

"No new counties shall be organized so as to include an area of less 
than twenty-four congressional townships, as near as may be without} 
dividing a township or fractional township, nor shall the boundaries 
of any organized county be changed so as to reduce the same to a less 
area than above specified." — Const. Art. IX. 

The petition, containing the proper number of signa- 
tures, describes the boundaries of the proposed county 
and suggests the name desired for the county. Upon re- 
ceiving it the governor calls an election in the proposed 
county to elect officers and locate a county seat. After 
the county officers have been elected, furnished bonds 
and taken the oath of office, the county is fully organized. 

"Each organized county is a body corporate for civil and political 
purposes only, and as such may sue and be sued, plead and be im- 
pleaded in any court in the state." — Political Code. 

County Commissioners. This board consists of either 
three or five members. The number may be increased 
from three to five or decreased from five to three by a 
favorable vote of the people if a vote is taken on the 
petition signed by twenty per cent of the voters. The 
county is divided into commissioner districts and one 
commissioner is elected by the voters of each district 
for four years. 

At the first regular meeting in January each year they 
select one of their number to act as chairman of the 
board. The county auditor is the clerk of the board and 
keeps minutes, or records, of their meetings. He is not a 
member of the board, though he is always present at 
their meetings as their clerk. 

The board has charge of all property of the county, 
such as the court house and grounds, jail, county hos- 
pital, and poor farm, if the county has them. All work 



?0 THE STATE AND NATION 

that is done at the expense of the county is looked after 
and accounted for by this board. 

The county commissioners have charge of most of 
the bridge building or repairing, order it done and 
authorize the payments from county funds. The state 
engineer must approve bridge plans and supervise bridge 
construction. They also have charge of county road 
building which may be ordered by a majority vote of the 
electors of the county. 

The board examines all bills against the county and 
may authorize their payment. The clerk of the board 
(county auditor) draws warrants for the payment of 
such bills, the chairman of the board also signs them and 
the treasurer of the county then pays them. The board 
represents the county in any lawsuit in which the county 
is financially interested. The bonds given by the county 
officers for the faithful accounting of money must be 
approved by the board. If the county wishes to borrow 
money, say, for the building of a court house, bonds 
(notes, or promises to pay) are issued by the board and 
then sold to anyone who wishes to loan money to the 
county. In most cases the county commissioners may 
not issue bonds unless a vote of the people of the county 
is in favor of it. The board levies the taxes for paying 
the expenses of the county. It examines all accounts of 
county officers and fills vacancies which may occur in 
any county office excepting county judge (see p. 77). 

There are four regular meetings of the board provided by law. These 
are on the first Monday in January, April, July and October. Two 
other meetings are provided for in connection with assessing property ; 
that is, deciding the value of property for taxation. Special meetings 
of the board may be called at any time, as agreed by themselves or, 
called by the county auditor. 

"The accessors shall meet the commissioners and auditor at the 
office of the county auditor on the first Tuesday of April for confer- 
ence with the commissioners and auditor in reference to the perform- 
ance of their duties." — Political Code. 



THE TOWN, CITY AND COUNTY 71 

"The county commissioners, or a majority of them, with the county 
auditor. shaJJ form a board for the equalization of the assessment of 
property of the county. They shall meet for this purpose annually, on; 
the first Tuesday in July, at the office of the auditor. . . . During 
the session of said board of assessment and equalization any person, 
or his attorney or agent, feeling aggrieved by anything in the assess- 
ment roll, may apply to the board for the correction of any alleged 
errors in the listing or valuation of his property, whether real or per- 
sonal, and the board may correct the same as shall be just." — Political 
Code. 

BOUXTY FOR FOREST TREES. "The county commissioners shall 
pay to any person who shall have, after the year 1915, planted, cared 
for and cultivated successfully, forest trees, for a period of one year, 
a bounty of five dollars per acre each year for the period of ten years." 
— Session Laws, 1917. 

The commissioners are members of the county board 
of education, which meets every five years for adopting 
school books to be used in the county. After elections 
held for county or state officers, the board meets and can- 
vasses the returns from the different portions of the 
county. They examine the reports from the townships, 
cities and towns and decide what county officers were 
elected. Their clerk, the count auditor, sends reports as 
to all votes cast to the secretary of state. 

"In each organized county at the first general election held after the 
admission of the state of South Dakota into the Union, and every two 
years thereafter there shall be elected a clerk of the court, sheriff, 
county auditor, register of deels, treasurer, state's attorney, surveyor, 
coroner and superintendent of schools, whose term of office respectively 
shall be two years and except the clerk of the court no person shall be 
eligible for more than four years in succession to any of the above- 
named offices." 

u There shall be elected in each organized county a county judge, who 
shall be judge of the county court of said cowity. whose term of office 
shall be tiro years until otherwise provided by laic." — Constitution. 

These county officers are required to furnish bonds for 
the faithful performance of their duties and to take an 
oath to support the constitution of the United States and 
the constitution of the state and to perform their duties 
to the best of their ability. The term of office of the 
county auditor begins the first Monday in March follow- 



72 THE STATE AND NATION 

ing his election, that of the County Superintendent of 
schools the first Monday in June and that of all others 
the first Monday in January. Their salaries in most 
cases are based upon the population of the county. 

Clerk of Courts. This officer acts as clerk of the 
county court and as clerk of the circuit court, recording 
what is done in these courts when they are in session. 
He administers oaths to witnesses, jurymen, and to 
others when necessary in connection with trials or legal 
actions. He assists in selecting jurymen. When the 
circuit court meets he presents to the judge a list of the 
cases to be tried. This is called the court calendar. He 
issues naturalization papers by means of which for- 
eigners become citizens. He issues marriage licenses, 
and the clergyman or magistrate who performs the mar- 
riage ceremony must file with him a record of the mar- 
riage. 

He is the superintendent of vital statistics for the county and re- 
ports of all births and deaths must be made to him by physicians, par* 
ents or other relatives. These records he sends each month to the su- 
perintendent of census and vital statistics (the secretary of the state 
historical society) at Pierre. 

He has a number of other duties, such as recording commissions of 
notaries public, approving their bonds, recording the names of part- 
ners in a firm (not a corporation) when the name of the firm does 
not show who the partners are. 

Sheriff. The general powers of this officer are given 

in the political code of laws as follows : 

"The sheriff shall keep and preserve the peace within his county, for 
which he is empowered to call to his aid such persons or the power 
of the county as he may deem necessary. He must also pursue and 
apprehend all felons; and must execute all writs, warrants and other) 
process from the circuit court, or from a justice of the peace, which 
shall be directed to him by legal authority. He shall attend at the 
circuit court and the sessions of the board of county commissioners 
when requested by the latter to attend." 

"He shall serve and post up all notices he may receive from the 
county auditor or the board of county commissioners, give notice of 
special and general elections, and shall keep his office at the county 
seat." 



THE TOWN, CITY AXD COUNTY 73 

Among the "writs, warrants, and other process" of a 
court may be named warrants of arrest and execution for 
debts or financial claims (see Glossary). 

A warrant of arrest is an order in writing in the name of the state, 
signed by a magistrate, commanding the arrest of the defendant, and 
may be substantially in the following form: 

County of 

The State of South Dakota. To any sheriff, marshal or policeman in 
this state (or in the county of . . . .as the case may be) : 

Information on oath having been this day laid before me that the crime 
Of (designating it) has been committed and accusing C. D. thereof. 

You are therefore commanded forthwith to arrest the above named C. D. 
and bring him before me at (naming the place), or. in case of my absence 
or inability to act. before the nearest or most accessible magistrate in 
this county. 

Dated at this day of , 19 . . 

E. F., Justice of the Peace (or as the case may be). 
— Code of Criminal Procedure. 

The sheriff has charge of the county jail. 

County Auditor. As we have already noticed, the 
county auditor acts as clerk of the county commissioners. 
If you have money due you from the county you go to 
the auditor, who draws a warrant on the county treasurer 
for the sum. In most cases your bill would have to be 
first approved by the board of county commissioners. 
Thus all claims against the county pass through his 
hands and he keeps accurate records of them. Monthly 
settlements between the auditor and the treasurer are 
made to keep their accounts correct. 

He makes out lists of the taxes due from each taxpayer 
for the county treasurer, making a report of them to the 
state auditor. He also sends a report of the assessor's 
roll to the state auditor. He assists in loaning money 
of the permanent state school fund and in the leasing of 
school lands. He is a member of the county library 
board and the board of education for adopting school 
books. 

He sends out all notices of elections and assists in 
canvassing the returns. Candidates for county and legis- 



74 THE STATE AND NATION 

lative offices file with him their nominating petitions 
and he makes out ballots to be printed and sent to the 
judges of election in each voting precinct (division for 
purposes of voting). He also provides sample ballots 
and instructions to voters. 

Register of Deeds. As the name suggests, this officer 
records deeds to land within his county. When land is 
sold a conveyance, usually called a deed, is given. One 
of the most common forms is the warranty deed (see 
Glossary). This is recorded with the register of deeds 
as a public notice, and should two deeds be given by the 
owner, by mistake or otherwise, the one having his deed 
recorded first, if a purchaser in good faith, would be con- 
sidered the true owner. 

In some states if the owner of land is married both husband and 
wife must sign the deed or one of them may have a certain claim on 
the land when the other dies. The right which a wife may have in lands 
of her husband is called dower, and the right which a husband may 
have in lands of his wife is called curtesy. Both dower and curtesy 
rights have been abolished in South Dakota. If the land sold is the 
home both husband and wife must sign the deed, whichever owns it, or 
the deed is void. It is customary, however, to have both sign all. deeds 
to land lest it might be claimed afterwards that it was the home that 
was sold. 

In case of a lawsuit in which the title, or ownership, of real prop- 
erty (see Glossary) is in dispute a notice to that effect is filed with 
the register of deeds. This is a warning to any purchaser of the land. 
Similarly, if the owner has done some building and has not paid for 
the lumber or labor a lien or claim may also be filed so that no one 
will purchase the property ignorant of the claim against it. For sim- 
ilar reasons mortgages, which are conditional deeds, bills of sale, and 
other instruments are recorded with the register of deeds. 

T0RREN8 LAND SYSTEM. The legislature of 1917 adopted a 
system for the registration of land whereby it is possible for an owner 
of land to have the title to the land examined by an attorney appointed 
by the circuit judge. After the examiner reports to the court a decree 
of registration may be made. The owner may thus receive a "certifi- 
cate of title," which greatly simplifies the matter of land transfers, so 
far as the question of ownership or claimants to title are concerned. 

County Treasurer. This officer is the principal tax 
collector within the state. Taxes levied by the state, 
county, township, town, city, and school district are paid 



THE TOWN, CITY AND COUNTY 75 

to the county treasurer, who sends the proper amounts 
to the treasurers of the state, township, etc. The assess- 
ments of property to be taxed and the rate of tax in each 
city are reported to the county auditor. He then calcu- 
lates the city tax due from each property holder in the 
city and reports the amount to the county treasurer. 
The county treasurer collects this tax and sends it to the 
city treasurer. State taxes, township taxes, town taxes, 
and school district taxes are similarly calculated and 
paid. The county treasurer takes charge of the money 
belonging to the county, depositing it in banks when the 
county commissioners direct him to do so. 

A tax of $61.27 was paid in 1914 on a city lot in Aberdeen, the assessed 
value of -which was $2,960 The total rate to be paid was 20.7 mills, or 
2.07 per cent One-half of the tax had to be paid before April 1 and 
the ba ance before November 1 This monev was distributed as follows: 

State tax (1 mill tax or .001X$2,960) $ 2.96 

Countv tax (2 mills tax or .002 X $2.960) 5.92 

School tax (7 7 mills tax or . 0077 X $2 960) 22.79 

Citv tax (10 mills tax or .01X$2,960) 29.60 



Total (20.7 mills tax or .027X$2,960) $61.27 

This does not include the tax on personal property, which was calcu- 
lated in exactly the same way. Xote that no federal tax is included in this 
list. There is no property tax or other direct tax levied by the United States, 
the money to support the federal government being derived from other 
sources. 

State's Attorney. This is a very important officer for 
enforcing the law. Every criminal case before a court 
in the state is prosecuted by the state. The crime is said 
to be committed against the state. The thief who steals 
from you not only violates your rights but endangers 
those of everyone else. The state therefore provides for 
a lawyer in each organized county to attend to the prose- 
cution of crimes. \Yhen a crime is committed the person 
injured does not need to employ a lawyer to have the 
accused person tried ; it is the business of the state's 
attorney to do this if complaint is properly made. 

The state's attorney is also the legal adviser of the 
county officers and a member of the county board of 



76 THE STATE AND NATION 

education, which adopts text books. He must be licensed 
to practice law in the state. 

County Surveyor. His duty is to make surveys, to lay 
off roads, and locate boundary lines. He is paid accord- 
ing to the amount of work done. 

County Coroner. The principal duty of this officer is 
to "hold an inquest upon the dead bodies of such persons 
as are supposed to have died by unlawful means." He 
then summons a jury of three persons and examines wit- 
nesses. The verdict of the jury is a statement of what is 
believed to be the cause of the death. 

This officer in early times in England was the highest one in the 
county, receiving his appointment from the king (coroner is from the 
Latin corona, crown ) . Next below him was the sheriff ( shire reeve ) 
As a survival of this relationship the coroner is the only officer in the 
county who may serve legal papers on the sheriff, and if the sheriff is 
put in jail the coroner becomes the jail keeper. In case of a vacancy 
in the office of sheriff the coroner takes his place until the county 
commissioners fill the vacancy. 

County Superintendent of Schools. This important 
officer has general supervision of the schools of the 
county. To be qualified to hold this office the superin- 
tendent must be the holder of a teacher's certificate of 
the first grade or higher, which has been valid in the 
state for at least one year before he assumes the office. 
He visits schools, conducts meetings of teachers and 
school officers, provides for teachers' institutes, has 
charge of the examination of teachers (receiving ques- 
tions from the state superintendent and forwarding an- 
swers to him), and has power to revoke a teacher's cer- 
tificate if there is sufficient reason. He may grant to a 
teacher a special certificate which is valid only until the 
next teachers' examination. He conducts reading circles 
among the teachers. He has important duties in check- 
ing over all accounts of the school treasurers to see that 



THE TOWN, CITY AND COUNTY 77 

they are correct. The clerk also sends in reports to him, 
and he is the adviser of school boards and teachers. 
Many matters are referred to him for decision. He makes 
a plat of the county showing the boundary, location, and 
name of each district. He sends a complete report to 
the state superintendent of the finances, school popula- 
tion, and teaching in each district. 

He apportions to the school districts the money due 
them from the interest on the permanent school fund. 
From this money an amount equal to ten cents for each 
child of school age in the district is set aside for the 
purchase of books for the library of the district. The 
county superintendent is chairman of the board, which 
selects these books from lists approved by the state 
superintendent. He is also chairman of the board which 
adopts text books for the county. 

The county superintendent of schools is paid by the 
county for his necessary traveling expenses in visiting 
schools or attending teachers' meetings within the 
county. The total thus allowed in one year may not 
exceed four hundred dollars. His expenses are also 
paid for attendance at meetings called by the state super- 
intendent of public instruction. 

The county superintendent of schools cannot serve more than four 
years in succession. A great many people consider this to be unfor- 
tunate, as it often deprives the people of the services of a competent 
official. The constitution should be amended so that the superintendent 
might be retained as long as he gave good service. 

County Judge. This officer, like the state's attorney, 
must be "learned in the law." His duties may be con- 
veniently grouped under three headings, for he may 
hold three kinds of court: (1) probate, (2) juvenile, and 
(3) civil and criminal. These are discussed in Chapter 
VI, the judicial department. 

Probate Cases. The principal duties of the county 



78 THE STATE AND NATION 

judge are to look after the property of deceased persons 
and see that their wills, if they have made wills, are 
carried out, or to see that the property is divided properly 
among the heirs. He appoints guardians for orphans 
who are minors and for insane persons. See adminis- 
trator, executor, etc., in Glossary. 

Juvenile Cases. "Whenever any child sixteen (16) 
years of age or under, is arrested with or without war- 
rant, such child shall, instead of being taken before a 
justice of the peace or police magistrate, be taken directly 
before the county court." Unless the offense charged be 
felony, this court has power to send a delinquent child 
of eighteen or under to the state training school, or may 
have the child and his parents or guardian report his 
conduct from time to time to see whether the child is 
reforming. 

Criminal and Civil Cases. In counties having a popu- 
lation of 10,000 or more, the county court may try civil 
cases where the amount in dispute is not over $1,000, and 
criminal cases of misdemeanors (see Glossary). 

In case of a vacancy in this office the governor appoints 
someone. 

COUNTY FARM BUREAU. This organization may be formed to 
promote agricultural extension work and employ a county agent to 
take charge of the work. The money for the maintenance of this work, 
which ought to be carried on in every county of the state, is furnished 
partly by voluntary contributions and partly by appropriations from 
the county, state and the United States. 

COUNTY BOARD OF EDUCATION. This board meets every five 
years, 1912, 1917, etc., to adopt school books for the county. It con- 
sists of the county superintendent of schools, presidents of boards of 
education in cities and towns, county auditor, state's attorney, board 
of county commissioners, and one person from each commissioner dis- 
trict elected by members of school boards within the district. For 
county library board, see page 30. 

PAUPERS AND INSANE. Many counties maintain county farms, 
where paupers are cared for. Persons adjudged insane are sent to the 
state asylum at Yankton, and if they are unable to pay their expenses 
there, the county pays the cost. 



THE TOWN, CITY AND COUNTY 



79 



TOWN. 



SECOND MONTH 

(1) Organization. 

(2) Officers. 

(a) Trustees. 

(b) Clerk. 

(c) Assessor. 

(d) Treasurer. 

(e) Justice of Peace (May be two). 
( 1 ) Jurisdiction. 

(f) Street Commissioner. 

(g) Marshal. 



THE CITY. 

A. Classes. 

(1) First Class. 

(2) Second Class. 

B. Under Council. 



(1) 



(2) 
(3) 
(4) 



Council. 

(a) How elected. 

(b) Powers and duties. 
Ordinances. 

Initiative and referendum. 
Officers. 



Elective. 



Appointive. 



(a) 
(b) 
(e) 
(d) 



Mayor. 
Treasurer. 
Police Justice. 
Justice of Peace. 



(e) Auditor. 

(f) Attorney. 

(g) Engineer, 
(h) Assessor, 
(i) Inspectors. 

(5) Police Department. 

(6) Fire Department. 
C. Commission Cities. 

(1) Commissioners' Theory. 

(2) Term of Office. 

(3) Recall (See also p. 214V 

(4) Election of Commissioners. 

(a) Mayor. 

(b) Police and Fire 

(c) Street and Public Property. 

(d) Water and Sewer. 

(e) Finance and Revenue. 



80 THE STATE AND NATION 



HE COUNTY. 




(1) 


Relation to the State. 


(2) 


Organization. 




(a) 


How. 




(b) 


Subdivisions. 


(3) 


Unorganized Counties. 




(a) 


How Governed. 


(4) 


Officers. 




(a) 


Commissioners. 

(1) Number. 

(2) Election. 

(3) Districts. 




(b) 


Auditor. 




(c) 


Treasurer. 




(d) 


Register of Deeds. 




(e) 


Clerk of Courts. 




(*) 


Sheriff. 




'(g) 


Superintendent of Schools. 




(h) 


State's Attorney. 




(i) 


Surveyor. 




(,i) 


Constables. 




(k) 


Justice of the Peace. 




(1) 


Assessor. 




(m) 


Official Duties. 




(n) 


Bond, Oath, and Compensation of each, 



(5) Courts. 

(a) Judges. 

( 1 ) Election. 

(2) Vacancy. 

(b) Jurisdiction. 

( 1 ) Probate. 

( 2 ) Juvenile. 

(3) Criminal and Civil. 

(6) County Board of Education. 

(a) Purpose. 

(b) Meeting. 

(7) County Farm. 

(a) • Purpose. 

(b) Supervision. 

(8) What does the countv do with its insane persons, 

(9) Study the Good Roads Movements. What is your 
county doing? 

(10") Have pupils draw a map of the county, showing sub- 
division and road system. 

(11) Pupils should be encouraged to visit court when in 
session. 

(12) The courthouse should be visited and in this way the 
work of the various officers emphasized. 




An Interior View in Hall of the State Capitol. 



CHAPTER IV 

THE MAKING OF LAWS 

Introduction 

Early Settlements. The first permanent settlement in 
what is now South Dakota* was made by Joseph La 
Frambois who built a trading post near the mouth of 
the Teton, or Bad, river in 1817. This was near the 
present site of Fort Pierre. The first settlers who came 
to establish homes came to Sioux Falls, Flandreau and 
other places east of the Big Sioux river in 1857. These 
settlements were abandoned for a few years during the 
time of the Indian troubles in the Civil War. The first 
permanent settlements of families were made in 1859 at 
Yankton, Vermillion, Elk Point and in the vicinity of 
these places. Schools and churches were established 
and there was a rapid increase in population. The 
period from 1876 to 1885 is known as the "Dakota Boom" 
when railroads were extended over the state, cities and 
towns "sprang up as by magic" and the population 
increased five fold. 

Dakota Territory. Dakota territory was created 
March 2, 1861, by an act of congress. William Jayne 
was the first territorial governor. Yankton was the cap- 
ital until 1883 when it was removed to Bismarck. In 



* The word Dakota (pronounced dah-ko'tah) is the name which the seven 
allied Indian tribes who formerly inhabited this region applied to them- 
selves. These, tribes were banded together into an alliance, or, using 
the term in a somewhat loose way, a republic. For a long time their 
chiefs and leaders held regular councils at the beautiful Armadale grove 
(Spink county). The root word of "Dakota]' is "koda" ("Wa" in 
tv>e western Dakota pronunciation), meaning "friend." The word "Dakota" 
Hterallv means an alliance of friends, or, as some prefer to translate it, 
"a republic of friends." The Dakotas are also called Sioux, but as this 
word signifies "enemv" they naturally prefer the name with a most noble 
significance. (See "South Dakota A Republic of Friends," by the author, 
published by the Capital Supply Company, Pierre.) 

82 



THE MAKING OF LAWS 83 

that year a convention was held at Sioux Falls which 
framed or prepared a constitution for the southern half 
of the territory. This was adopted by the voters in this 
region but congress refused to accept it and to admit 
South Dakota as a state. Another constitutional con- 
vention was held at Sioux Falls in 1885. Another con- 
stitution was framed and the people adopted it and 
elected state officers. Again congress refused to approve 
the constitution and admit South Dakota as a state. Of 
course the officers who were elected had no authority 
and made no attempt to carry on the government. 

At length, in 1889, congress provided for the admission 
of South Dakota as a state. (The same law also enabled 
Xorth Dakota, Montana, and Washington to become 
states.) A constitutional convention was held at Sioux 
Falls. The constitution of 1885 was changed in some 
particulars and again adopted and a full set of state 
officers* was elected. On November 2, 1889, South 
Dakota was formally admitted to the Union. Pierre was 
made the temporary capital and later the permanent 
capital. The first state legislature met in January, 1890, 
the second in 1891, and succeeding legislatures have met 
regularly every odd numbered year since then. 

Three Departments of State Government. Each of 
the states of the Union has its written constitution, and 
this provides for (1) a law-making department, called 
the state legislature in most states, (2) a law-enforcing 
department, the governor being the principal executive 
officer, and (3) a law-applying department in the courts 
of the state. 

The constitution of South Dakota provides for two 
methods of securing laws, (1) by the legislature and (2) 
by the initiative and referendum. Ordinarily the legis- 
lature passes all of our laws, so let us study that first. 

* For a complete list of territorial and state officers see page 215. 



84 THE STATE AND NATION 

The State Legislature. The legislature consists of two 
bodies of men, the senate and the house of representa- 
tives. Every two years the legislature meets at the capi- 
tol building at Pierre. Their places of meeting are two 
large and beautiful rooms called the "senate chamber" 
and the "hall of representatives." The governor may call 
special sessions of the legislature whenever necessary. 
Regular sessions begin at noon on the Tuesday following 
the first Monday in January of odd-numbered years 
(1909, 1911, etc.). 

The Senate. The number of senators cannot be less 
than 25 nor more than 45 (see state constitution, Article 
III, section 2). Since 1899 the number has been 45 and 
it is not likely that it will be made less. 

The House of Representatives. The number of repre- 
sentatives cannot be less than 75 nor more than 135. 
The number at the meeting of the legislature in 1911 was 
104. Since then the number has been 103. 

Legislative Districts. At the first regular session after 
a state or federal census is taken the legislature must 
divide the state into senatorial districts, decide what 
counties shall be in each district and how many senators 
may be elected by the voters in each district. The state 
census was taken in 1915. In 1917 the legislature pro- 
vided that the state senate should consist of forty-five 
senators to be elected from forty-two senatorial districts 
as follows (the number of the district is given, the county 
or counties in the district and in parenthesis the number 
of senators elected in it) : 

1. Union (1). 2. Clay (1). 3. Yankton (1). 4. Bon Homme 
(1). 5. Lincoln (1). 6. Turner (1). 7. Hutchinson (1). 8. 
Charles Mix (1). 9. Aurora and Douglas (1). 10. Minnehaha (2). 
11. Hanson and McCook (1). 12. Miner and Sanborn (1). 13. 
Davison (1). 14. Harding and Perkins (1). 15. Brule, Buffalo and 
Jerauld (1). 16. Gregory (1). 17. Moody (1). 18. Lake (1). 
19. Brookings (1). 20. Kingsbury (1). 21. Beadle (1). 22. Hand 



IM 



THE MAKING OF LAWS 85 

and Hyde (1). 23. Hughes and Sully (1). 24. Stanley, Jackson, 
Haakon (1). 25. Lyman and Jones (1). 2G. Tripp, Bennett, Mellette 
(1). 27. Hamlin and Deuel (1). 28. Codington (1). 29. Clark (1). 
30. Spink (1). 31. Grant (1). 32. Roberts (1). 33. Marshall (1). 
34. Day (1). 35. Brown -(2). 36. Dewey, Faulk and Potter (1). 
37. Corson, Edmunds and Walworth (1). 38. Campbell and Mc- 
Pherson (1). 30. Butte and Lawrence (2). 40 Pennington (1). 
41. Meade and Ziebach (1). 42. Custer and Fall River (1). 

The legislature of 1917 also provided that the house of 

representatives should consist of 103 members, to be 

elected from sixty-one districts as follows : 

1. Union (2). 2. Clay (1). 3. Yankton (2). 4. Bon Homme (2). 
5. Lincoln (2). 6. Turner (3). 7. Hutchinson (2). 8. Douglas 
(1). 0. Charles Mix (3). 10. Minnehaha (7). 11. McCook (2). 
12. Hanson (1). 13. Davison (2). 14. Sanborn (1). 15. Aurora 
(1). 1G. Brule (1). 17. Miner (1). 18. Gregory (2). 19. 
Tripp (2). 20. Lake (2). 21. Moodv (1). 22. Brookings (3). 
23. Kingsburv (2). 24. Beadle (3). "25. Hand (1). 26. Hughes 
(1). 27. Deuel (1). 28. Hamlin (1). 29. Codington (3). 30. 
Clark (2). 31. Spink (3). 32. Grant (2). 33. Roberts (3). 34. 
Day (3). 35. Marshall (1). 36. Brown (4). 37. Faulk (1). 38. 
Potter (1). 39. Edmunds (1). 40. Walw.orth (1). 41. Campbell 
(1). 42. McPherson ( 1 ) . 43. Fall River ( 1 ) . 44. Custer ( 1 ) . 45. 
Pennington (2). 46. Lawrence (4). 47. Meade (1). 48. Butte (1). 

49. Hvde (1). 50. Sullv (1). 51. Perkins (1). 52. Corson (1). 
53. Harding (1). 54. Stanley and Haakon (1). 55. Lyman (1). 

50. Dewev and Ziebach (1). 57. Mellette and Bennett (1). 58. 
Jerauld and Buffalo (1). 59. Deuel and Hamlin (1). 60. Perkins 
and Meade (1). 61. Jones and Jackson (1). 

In 1920 the L'nited States census will be taken. The next regular 
meeting of the legislature after this will be in 1921. A new district- 
ing of the state will have to be made then by the legislature for the 
electing of senators and representatives in the fall of 1922. This 
districting of the state from time to time is necessary because the 
.population of different portions of the state changes somewhat and 
the number of senators and representatives from any part of the 
state depends upon the population. One of the purposes of taking 
the een>u> is to make a fair division into districts and a just appor- 
tionment of senators and representatives. The United States takes a 
census of the entire country every year divisible by ten so that rep- 
resentatives in congress may be apportioned among the states accord- 
ing to population. Five years later the state takes a census. 

Qualifications cf Members. To be a senator or repre- 
sentative one must (1) be a citizen of the United States, 
(2) be a voter in the district from which he is chosen, 
( 3 i be twenty-five years old or more, (4) be a resident 
of the state for two years before his election, (5) never 



86 THE STATE AND NATION 

have been convicted of bribery or other infamous crime 
or failed to account for public money trusted to him, and 
(6) not hold a lucrative office under the state or the 
United States or any foreign government (appointments 
in the militia, the offices of notary public, justice of the 
peace and postmasters whose compensation does not 
exceed $300 each year are excepted and such persons 
may be elected). 

Terms and Vacancies. The term of senator and repre- 
sentative is two years. They are elected on the Tuesday 
after the first Monday in November of every even-num- 
bered year (1910, 1912, etc.). A vacancy may be caused 
by death, resignation, removal from the state or expul- 
sion from the senate or from the house of representatives 
by the members thereof. In case of a vacancy the gov- 
ernor may call a special election in the district where the 
vacancy occurs. 

SALARY. The salary of a member is five dollars for each day's 
attendance and ten cents for each mile necessarily traveled in going 
to Pierre and returning again. The latter is called mileage. 

Sessions. The regular sessions cannot exceed sixty 
days excepting in cases of impeachment. 

Oath. The constitution prescribes a solemn oath 
which each member takes. The oath is usually adminis- 
tered by one of the judges of the state supreme court to 
the presiding officer, and he administers it to the others. 
Read carefully this oath (see Article III, Section 8). 

Contests. "Each house shall be the judge of the elec- 
tion returns and qualifications of its own members." 
This means that in case a dispute arises as to who is 
elected in any district, the matter is finally settled by 
the house of representatives or the senate, as the case 
may be. A committee is appointed to investigate and 
report, and then, after debate, the question as to who is 



I 




Senate, Session 1911. 




House of Representatives, Session 1911. 
8? 



88 THE STATE AND NATION 

entitled to the "contested seat" is voted upon. If it is 
claimed that some one elected to either house does not 
possess the six necessary qualifications, this matter is 
investigated and decided in a similar manner. 

Quorum. By a quorum of any body or group is meant 
a sufficient number to act for the body or group. In a 
literary society it is often provided that if there be a cer- 
tain number of members present at a meeting, say ten, 
these may carry on the society's business, and if there be 
less than that number no business can be transacted. In 
that case, ten members would constitute a quorum. In 
nearly all governmental bodies, such as a board of county 
commissioners, a city council, or on ; of the houses of the 
legislature or of Congress, a majority (that is, over one- 
half) constitutes a quorum. If a less number be present, 
no business can be transacted excepting to adjourn for 
one day or send for absent members. 

Presiding Officer of the Senate. The presiding officer 
of the senate is the lieutenant governor, elected for two 
years by the people of the state. 

"The lieutenant governor of the state shall be president of the 
senate. He may vote only when the senate is equally divided. The 
senate shall elect a president pro tempore for the session, who shall 
possess all the powers and prerogatives of the president of the senate 
in the absence of the lieutenant governor." 

"When any member is about to speak or deliver any matter to the 
senate, he shall arise from his seat and address himself to 'Mr. 
President,' and shall confine himself to the question under debate and 
avoid personalities." — Rules of the Senate. 

To "avoid personalities" the members of both houses when making 

speeches refer to one another as "the gentleman from 

county," "the senator who has just spoken," or in some other way 
avoid using his name wherever possible. 

"Each house shall determine the rules of its proceedings, shall 
choose its own officers and employes and fix the pay thereof, except 
as otherwise provided in this constitution." — Art. Ill, Sec. 8, Const. 

Sometimes legislatures appoint more officers and em- 
ployes than are really needed and to prevent this the leg- 



THE MAKING OF LAWS 89 

islature passed a law in 1909 providing just what officers 
and employes should be chosen by each house. A por- 
tion of the law is as follows : 

"The elective officers of the senate other than the president pro 
ton pore, shall be: One secretary, one first assistant secretary, one 
second assistant secretary, one bill clerk, one trained proof reader, 
who shall be clerk of the committee on senate journals, one chief of 
the enrolling and engrossing force, who shall be an expert typewriter, 
one chaplain, one sergeant-at-arms, one postmaster, three pages and 
one messenger, who shall have charge of the printed bills, and who 
shall also assist the postmaster and sergeant-at-arms when necessary. 
The compensation of such officers shall be fixed by the senate, but 
all of the remaining employes of the senate shall be appointed by 
the president of the senate as herein provided." 

The secretary has many important duties. He receives 
all bills (proposed laws) introduced by senators or passed 
by the house of representatives and sent to the senate. 
He reads them aloud to the senate, calls the roll and 
records the votes of members and attests the signature of 
the president of the senate to each bill or resolution 
which passes the senate. 

The bill clerk records what action is taken on each bill 
or resolution. The proof reader is of special value in see- 
ing that spelling, punctuation and wording is correct in 
the legislative proceedings. The chief of the enrolling 
and engrossing force has charge of the copying of all the 
bills and resolutions. Before a bill has passed one house 
it is "engrossed" by being carefully typewritten. After 
it passes the other house it is "enrolled" by being again 
typewritten and made .ready for the signature of the gov- 
ernor. A carbon copy is made to be sent to the printer 
who publishes the laws, the original being filed with the 
secretary of state. 

The chaplain is a minister who offers prayer at the 
opening of each session. The sergeant-at-arms preserves 
order. The postmaster conducts a postoffice at the capi- 
tol during the session for the convenience of the mem- 



90 THE STATE AND NATION 

bers, being sworn in as a regular United States post- 
master. Pages are bright boys who run on errands for 
the members. 

Officers of the House of Representatives. The presid- 
ing officer of this body is called the "Speaker," an old 
English term, which we have adopted from the house of 
commons of parliament. He was called the speaker be- 
cause he always spoke for the king. The speaker of the 
house of representatives is elected by the house from 
its own members. He is always addressed as "Mr. 
Speaker." When he is absent the member who is pre- 
siding is called "Mr. Chairman." 

The house of representatives has other officers almost 
exactly like those of the senate, the principal exception 
being that the one who records the proceedings in the 
house journal is called chief clerk instead of secretary. 

Rules. A few selections are here made from rules 
usually adopted by the senate and the house. These are 
not the most important rules, but are selected to show 
how certain things are done. Each house adopts its own 
rules and these are changed somewhat from time to time. 

RULES OF THE SENATE. 

"The senate shall keep a journal of its proceedings, which shall 
be printed daily in pamphlet form and laid on the desks of senators, 
and officers the following morning." 

"The senate may punish its members for disorderly behavior and, 
with the concurrence of two-thirds of all the members elected, expel 
a member." 

"Any five senators may make a call of the senate and require 
absent senators to be sent for." 

"A bill may be referred to a committee without reading, but shall 
be read before being amended and may be amended in every par- 
ticular on second reading. No amendment shall be in order at the 
third reading of a bill unless by unanimous consent." 

"Every bill shall be read three separate times, but the first and 
second reading may be on the same day, and the second reading 
may be by title of the bill, unless the reading at length be demanded. 
The first and third reading shall be at length." 



THE MAKING OF LAWS 91 

RULES OF THE HOUSE OF REPRESENTATIVES. 

"Any thirteen members of the house of representatives may order 
a call of the house and cause absent members to be sent for." 

"The speaker shall rise to put the question (to a vote), but may 
state it sitting and shall put all questions in the form, to-wit: 

" 'As many as are in favor say aye,' and after the affirmative 
vote is expressed, 'As many as are opposed say no.' If he doubts 
(which vote is the larger), or a division is called for by two or more 
members, the house shall divide: those in the affirmative of the 
question shall first rise from their seats and remain standing until 
counted, and then those in the negative in like manner, and the 
speaker shall announce the vote and declare the result." 

"The yeas and nays (roll-call, the members voting yea or nay 
as their names are called) shall not be ordered unless demanded by 
three members, except upon the final passage of bills, or joint reso- 
lutions, in which case the yeas and nays shall be had without demand." 

These last two rules give the three methods of voting in use in both 
houses: (1) Viva voce (~Lat.viva, by the living; voce, voice) or 
ayes and noes; (2) rising vote, or division; and (3) roll call or yeas 
and nays. 

Joint Rules. Certain rules are adopted by both houses 
for the regulation of those things which require co-opera- 
tion. Some of them, as usually adopted, are as follows : 

"Communications between the senate and house of representatives 
shall be by message, which shall be signed by the secretary (of the 
senate) or chief clerk (of the house), respectively, and taken by 
him to the house to which it is addressed, and after being announced 
by the sergeant-at-arms and recognized by the presiding officer, shall 
be respectfully communicated by title only." 

Organization of the Legislature. When the members 
elected to the state legislature meet at the capitol on the 
Tuesday after the first Monday in January, the senators 
meet in the senate chamber and are called to order by 
the lieutenant governor. After prayer, the list of those 
elected is read, the senators responding as their names 
are called. If a quorum (a majority) is present, the oath 
of office is taken by each member and the senate pro- 
ceeds to elect officers. Then notice is sent to the house 
of representatives and to the governor that the senate 
has organized and is ready to meet with the house to 
listen to the message of the governor. The house of 
representatives organizes in the same manner, the secre- 



92 THE STATE AND NATION 

tary of state or the chief clerk of the last house of repre- 
sentatives presides until a speaker has been elected. 
When both houses have organized, the senators pass to 
the hall of representatives and meet with them to listen 
to the governor's message. 

Governor's Message. After the houses have assembled 
in the hall of representatives the governor and other 
state officers and the judges of the state supreme court 
pass in. The governor reads his message, reviewing the 
events of his two years' term and suggesting important 
needs of the state. If a change has been made in gov- 
ernors, the newl} r -elected one takes the oath of office and 
delivers an address to the legislature. 

Committees. The rules of each house provide for 
many committees to consider such matters as education, 
agriculture, railroads, appropriations, temperance, public 
health, rules, engrossed and enrolled bills, etc. All bills 
or resolutions are referred to the proper committees. 

It is the custom to have the lieutenant governor ap- 
point all committees of the senate. The speaker of the 
house of representatives appoints all of the committees 
of that body. Each committee has frequent meetings 
and whatever it decides as to what should be done with 
a bill given to it is usually accepted by the house, to 
which it reports. 

The "committee of the whole" is the entire house acting as a com- 
mittee. The presiding officer calls some member to take the chair and 
there is a general discussion. No action is then taken on any bill 
excepting to "rise and report." When the committee of the whole 
"rises," that is, ceases to act as a committee, the one who was chair- 
man reports its conclusions to the regular presiding officer and a 
vote is taken on this report. Naturally if the entire house, acting 
as a committee, agrees to pass a bill, when the same men act as a 
legislative body they will pass the bill as agreed upon. The pur- 
pose of "resolving into a committee of the whole house" is to have 
an informal discussion, of which no record is kept before binding 
action is taken. 

CONFERENCE COMMITTEE. "In every case of disagreement 



THE MAKING OF LAWS 93 

between the two houses, if either house requests a conference and ap- 
points a committee for that purpose, the other house shall appoint 
a committee to confer therewith upon the subject of their disagree- 
ment." 

EXROLLMEXT COMMITTEE. ''After a bill has passed both 
houses it shall be enrolled and examined by a committee of two mem- 
bers from the senate and three members from the house of represen- 
tatives, who shall compare it with the engrossed bills as passed by 
both houses." 

"Each enrolled bill so reported (by this committee) shall then be 
signed in each house, first by the speaker and chief clerk of the 
house of representatives, and then by the president and secretary 
of the senate." 

"The joint committee shall present all bills so signed to the gov- 
ernor for his approval, and report to each house the day and hour 
of such presentation to the governor, which time shall be carefully 
noted in the journal of each house." 

"When a bill or resolution, which shall have passed one house, is 
rejected by the other, information thereof shall be given to the house 
in which the same shall have passed." 

"While the two houses are acting together upon elections or any 
other matter, the president of the senate shall preside. A call of the 
members of either house may be had in joint session by order of the 
house in which the call is desired." 

SIFTING COMMITTEE. Bills often accumulate toward the end 
of a session and a "sifting" committee is appointed to select the 
most important ones for consideration. 

SPECIAL COMMITTEES. Occasionally a special committee is 
appointed to consider some matter or to do some specified thing. 
Just before a final vote on a bill amendments are sometimes made by 
having a bill "committed to a committee of one with instructions 
to amend as follows." The committee of one immediately reports 
back the amendment and the bill is ready to be voted upon. 

How a Bill Becomes a Law. A bill is. a proposed law 
or amendment to a law. A senator may introduce any 
bill (excepting a bill of impeachment) in the senate and 
a member of the house of representatives may introduce 
any bill in that body. The writing of a proposed law is 
called "framing a bill," and may be done by any person. 

Form of a Bill. The form in which a bill is written is 
shown in the one which is reproduced here. The bill 
must contain fa) the name of the senator or representa- 
tive who introduces it; fb) a title, "A bill for an act, 
etc." ; (c) the enacting clause, "Be it enacted by the legis- 
lature of the state of South Dakota"; and (d) the pro- 
posed law. 



15th Session, Legislative Assembly, State of South Dakota. 



HOUSE BILL No. 55 

Introduced by Mr. Dahlthorp, of Brookings. 

BILL 



For An Act Entitled, An Act to Amend Section 147 of Chapter 135, 
Session Laws of 1907, as Amended by Chapter 150 of the Session 
Laws of 1909, and as Again Amended by Chapter 137, Session 
Laws of 1911, Relating to Tuition for Eighth Grade Graduates. 

Be It Enacted by the Legislature of the State of South Dakota: 
Section 1. 

1 That Section 147 of Chapter 135 of the Session Laws of 

2 1907 be and the same is hereby amended to read as follows: 

3 Section 147. Tuition for Eighth Grade Graduates.) Any 

4 pupil who shall successfully complete the work of the eighth 

5 grade as established in the state course of study and who shall 

6 hold a common school diploma granted by the county superin- 

7 tendent is privileged to continue his school work up to and in- 

8 eluding the twelfth grade by attending any graded school (high 

9 school or normal school ) , in the state furnishing a higher course 

10 of study, and not to exceed three and one half dollars per 

11 month of the tuition charge therefor shall be paid by the 

12 board of his home district from the general fund thereof, if 

13 his home district does not provide instruction in such higher 

14 grades, and any tuition charges in excess of said three and one 

15 half dollars per month, which in addition thereto shall not ex- 

16 ceed the actual per capita cost per month of schooling a student 

17 in such graded school, shall be paid by the student or his par- 

18 ent or guardian. 



94 



THE MAKING OF LAWS 95 

The Usual Steps. The following are the usual steps 
by which a bill becomes a law : 

1. A bill is introduced by a member, who announces 
the fact at the time set aside each day for the introduc- 
tion of bills. 

2. The bill is given to the chief clerk of the house, or, 
if in the senate, to the secretary. It is then read in full. 
(Sometimes also read a second time, by title only.) 

3. On the next day, or a later one, the bill is again 
read, this time by title only unless a full reading is 
demanded. (See the senate rule.) 

4. It is then referred to the appropriate committee. 

5. After the committee has considered the bill it is 
reported back, usually with the recommendation that it 
"do pass", or that it "do not pass." 

6. It is engrossed for the third reading, amendments 
being included. 

7. It is read a third time in full. 

8. It is debated. The roll is called and the votes (yea 
or nay) are recorded. 

9. To pass it must receive the favorable vote of a 
majority of the members elected to the house, unless it 
provides for (a) special appropriations or (b) has an 
emergency clause providing that the law shall go into 
effect immediately after its passage and approval. In 
these two cases the bill must receive a two-thirds vote. 

10. The engrossed bill is then sent to the other house. 

11. The other house proceeds in much the same man- 
ner as in the house where the bill originated. 

12. If it passes unchanged, it is enrolled by rewriting 
it with suitable changes in the heading. 

13. The joint committee on enrolled bills presents the 
bill to the governor for his signature. 



96 THE STATE AND NATION 

14. The bill becomes a law (a) if the governor signs 
it; (b) if he fails to sign it or disapprove it within three 
days (he is given ten days at the close of the session) : 
(c) or if he vetoes it by returning it to the house where 
it originated, with his objections, providing it passes 
both houses again by a two-thirds vote. If the legis- 
lature has adjourned his veto is final if he files the bill 
with his objections in the office of the secretary of state. 

Appropriations. When the legislature meets there are 
always great demands made upon it for the appropria- 
tion of money. The rapidly growing educational institu- 
tions supported by the state are likely to need new build- 
ings and equipment and more funds with which to carry 
on their work. The charitable and penal institutions 
and the various other departments also have many 
pressing needs to be met. The legislature has great 
difficulty in deciding just what appropriations should be 
made. The committees on appropriations are charged 
with the important duty of examining into the various 
needs and reporting a long list of recommendations in 
the form of a "general appropriation bill." Special 
appropriation bills are introduced by various members 
and before the session closes considerable confusion pre- 
vails as to the probable financial condition of the state 
during the next two years. The committees on ap- 
propriations are usually made up of members from coun- 
ties not having a state institution. While they give a 
great deal of time during the session to this matter they 
are expected to give due consideration to all other sub- 
jects of legislation as well. When we remember that 
the legislature is in session only two months it is easy 
to see that a systematx planning of the probable receipts 
and expenditures of the state covering a period of two 
years becomes an exceedingly difficult matter. 



THE MAKING OF LAWS 97 

State Budget Board. To make the matter of antici- 
pating the financial needs of the state more systematic, 
the legislature of 1917 provided for a board to meet 
about a month before the legislature convenes and make 
out a carefully planned report on the financial needs of 
the various institutions and departments and the probable 
income of the state. Such a financial plan is called a 
"budget". The state budget board consists of the gov- 
ernor elect, the chairmen of the appropriation com- 
mittees of the preceding legislature, the state auditor, 
and the chairman of the state tax commission. The 
governor elect is chairman of the board. 

Powers Denied the Legislature. There are a number 
of powers which are denied the legislature. The legisla- 
ture may not pass a law which provides that the county 
seat of some county is to be changed. Such laws must 
be general — that is, must provide how any county may 
change the county seat. This is true of several other 
matters named in Article III, Section 23, of the consti- 
tution. 

An ex post facto law may not be passed by the legisla- 
ture. This is a law which would punish a person for do- 
ing something which was not a crime at that time or 
which would increase the punishment of a crime already 
committed. It is not a crime at present for a woman to 
wear the body of a song bird on her hat. If the legisla- 
ture were to make this a crime and make the law apply 
to those who wore them when it was not against the 
law, this Avould be an ex post facto law {ex, from ; post, 
after; facto, the deed) and would be unconstitutional. 

"No person shall be attainted of treason or felony by 
the legislature." It is not the proper work of the legisla- 
ture to try persons who are accused of crime and punish 
them. This is the work of the courts. See "treason" 
and "felony" in the Glossary. 



98 THE STATE AND NATION 

"The legislature shall not authorize any game of 
chance, lottery or gift enterprise, under any pretense or 
for any purpose whatever." All forms of lotteries, bet- 
ting, raffling, selling or buying "chances" on a prize, 
playing games for money or a prize are classed as 
gambling and are unlawful. 

Other powers denied the legislature are found in the state consti- 
tution, Art. Ill, sections 24, 26; VI, 3, 4, 14, 18; VIII, 16; XII, 3; 
XIII, 1, 2 ; XVII, 9, 10. 

Impeachment. The constitution provides that state 
officers and judges of the supreme and circuit courts may 
be removed from office by the legislature through an im- 
peachment process. An impeachment is a resolution 
passed by the house of representatives accusing some 
state officer or judge of a crime or misconduct. After the 
officer has been impeached (accused) by the house of 
representatives, he is tried by the senate. If the gov- 
ernor or lieutenant governor is impeached, the presiding 
judge of the supreme court presides over the senate dur- 
ing the trial. To find the accused officer guilty it 
requires a two-thirds vote of all of the senators elected. 
After an officer has been impeached by the house of rep- 
resentatives he cannot exercise the duties of his office 
until he is acquitted by the senate. If he is found guilty 
by the senate he may be removed from office and dis- 
qualified from ever again holding any office under the 
state. While the senate cannot inflict any further 
punishment, the accused may be re-arrested and tried in 
the courts just the same as though no impeachment pro- 
cess had begun. 

To Amend the Constitution. The legislature may by 
joint resolution propose an amendment. At the next 
regular election the proposed amendment is adopted or 
rejected by the vote of the electors. Several amend- 
ments have been made in this way. 



THE MAKING OF LAWS 99 

To Revise the Constitution. By a two-thirds vote the 
legislature may recommend to the electors that a con- 
vention be called to revise the constitution (this was 
done by the legislature of 1913). At the next regular 
election the electors adopt or reject this proposal (in 
1914 the proposal was rejected). If adopted, the follow- 
ing legislature provides for a convention to revise the 
constitution. 

Privileges of Members. The members of the legisla- 
ture are given two privileges to protect them from inter- 
ruption while attending to their duties and to permit 
them to speak freely while in session. (1) A member is 
free from arrest during a session of the legislature or 
while going to or from a session except for treason, 
felony (see glossary) or breach of the peace. (2) For 
anything said by a member in any speech or debate in 
either house he is not subject to arrest or punishment 
excepting by the house itself. 

Law in Effect. Ordinarily a law does not go into 
effect until ninety days after the legislature adjourns. 
This is to give the people time to learn what laws have 
been passed. When it is very important that there be 
no delay and it is desired to have a law go into effect at 
once, if two-thirds of the members elected to each house 
are in favor of it and an emergency is declared to exist, 
the law goes into effect as soon as it is approved by the 
governor. A long delay may be brought about by the 
use of the referendum. 

THE LOBBY. A lobby is a name commonly applied to a large 
waiting room in a public place such as a hotel or in a capitol build- 
ing. The term has come to be applied to persons who frequent the 
waiting rooms in the capitol to interview legislators and influence 
them for or against certain laws. A lobbyist is one who visits the 
legislature with a view of influencing legislation in which he has a 
pecuniary interest. The law requires any person or corporation em- 
ploying a lobbyist as well as the lobbyist himself to register as such 
with the secretary of state. 



100 THE STATE AND NATION 

Direct Legislation 

The Referendum. By direct legislation is meant that 
in which the people participate directly, instead of acting 
through persons who represent them in the legislature 
(or other legislative bodies such as a city council). The 
most common form of direct legislation is the referen- 
dum. The word is derived from two Latin words, re, 
back, and ferre, to carry; literally, "to carry back" — to 
the people. By the use of the referendum legislative 
measures are submitted to popular vote for approval or 
rejection. It has long been an established custom in 
this country to refer to a vote of the people such matters 
as the rejection or adoption of a state constitution or 
constitutional amendment, the question of the organiza- 
tion of a town, city, school district, the changing of a 
county seat, the issuing of bonds, liquor licenses, etc. 

If a referendum petition, signed by five per cent or 
more of the electors of the state, is filed with the secre- 
tary of state before a law goes into effect, such law can- 
not be enforced until it is approved by a majority vote 
at the next general election. If a majority of those who 
vote on the law are in favor of it, the law goes into 
effect, otherwise it does not. By means of the referen- 
dum a good law may be kept from going into effect until 
the next general election, usually a year and a half after 
it is passed, if five per cent of the voters sign a referen- 
dum petition for it. As there are some laws which 
should not be delayed, the constitution provides that the 
referendum shall not be applied to "such laws as may 
be necessary for the immediate preservation of the public 
peace, health or safety, support of the state government 
and its existing public institutions." 

The Initiative. As a means of direct legislation the 
referendum is said to be primarily negative or preventive. 



THE MAKING OF LAWS 101 

The electors must accept or reject a proposal as it is 
presented to them. A logical complement of the referen- 
dum is the initiative. This word is from the Latin 
initiate, to begin; that is, it is the process whereby the 
people may begin or initiate legislation. 

Suppose the legislature refuses to pass a law desired 
by the people. By means of this right of initiative, a 
petition containing the proposed law is prepared by any 
interested persons. When signed by five per cent of the 
electors it is filed with the secretary of state. He pre- 
sents it to the legislature which is required to submit the 
proposed law to a vote of the people at the next general 
election. The initiative automatically carries with it the 
referendum. The right of referendum can exist without 
the power of initiative but the initiative can not exist* 
without its logical complement, the referendum. The 
enacting clause of all laws passed by the people by the 
use of the initiative is as follows : "Be it enacted by the 
people of South Dakota". 

The referendum and initiative may be applied in a 
similar manner by electors in a city to actions of the city 
council or commission, both to prevent undesirable 
ordinances from going into effect and to secure desired 
legislation. 



* Mandatory petitions are usually classed as instances of the initiative. 
For example a petition to incorporate a city. In certain cases, the petition 
is not followed by a vote but requires the act petitioned for to be done. 
Thus to divide a school district a petition sign&d by a majority of the 
electors compels a division without an election, that is, it is a case of 
initiative without a referendum. (Session Laws, 1917, Chap. 171.) 

Another exception is found in the new constitution of Michigan. Here 
a conditional initiative exists in case of constitutional amendments. One 
may be proposed by the initiative but it is not submitted to a referendum 
unless the legislature favors it. 

See '"The Referendum, f nitiative and Recall in America" by Oberholtzer, 
p* 368. A good survey of the use of the initiative and referendum in South 
Dakota is givo.i on pp. ^'jl-:j'JG. 



102 THE STATE AND NATION 



THIRD MONTH 
STATE GOVERNMENT OF SOUTH DAKOTA. 

(1) Brief History of Dakota Territory. 

(a) How the Territory became a State. 

(b) Date of Organization. 

(c) Early Settlements. 

(2) Brief History of South Dakota. 

(a) Date of Statehood. 

(b) Leading men of the time. 

(c) Location of the Capital. 

(3) Departments of Government. 
A. Legislature. 

( 1 ) The House. 

(2) The Senate. 

(3) Membership. 

(a) Qualifications. 

(b) Number of Members; Salary. 

(c) Districts. 

(d) Elections. 

(e) Oath. 

( f ) Apportionment. 

(g) Quorum, 
(h) Vacancies. 
( i ) Privileges. 

( j ) Prohibitions. 

(4) Meetings. 

(a) Time and Place. 

(b) Length of Sessions. 

(5) Who represents your County. 

(a) In the House? 

(b) In the Senate? 

(6) Organizations. 

(a) Officers. 

(1) President of the Senate, 
(a) Lieutenant Governor. 

(2) Speaker of the House. 

(a) Elected by the Members of the House. 
(3) Sergeant-at-Arms. 

(4) Chaplains. 

( 5 ) Postmaster. 

(6) Enrolling Clerks. 

(7) Messengers. 

(8) Pages. 

(b) Pules. 

(c) Committees. 



THE MAKING OF LAWS 103 

(1) Standing. 

( a ) Number. 

(b) Membership. 

(2) Conference. 

(3) Committee of the Whole. 

(4) Special. 

(5) Sifting. 

(7) Daily Routine. 

( a ) Journals. 

(b) Restrictions. 

(c) Sessions. 

(d) Bills. 

( 1 ) Character. 

(2) Introduction. 

(3) Readings. 

(4) From Bills to Laws. 

(8) Laws. 

(a) When effective. 

(b) Emergency. 

(9) Veto. 

(10) Initiative. 

(11) Referendum. 

(12) The Lobby. 



CHAPTER V 

THE EXECUTIVE DEPARTMENT 

"Rulers are not a terror to good works, but to the evil." 

Elective Officers 

Governor. The governor is the principal executive 
officer of the state. South Dakota has always chosen 
for this high office men of noble qualities and pure lives, 
men who have been an honor and credit to this great 
state. 

Term and Qualifications. The governor is elected by 
the voters of the state for a term of two years. He may 
be re-elected any number of times, but it is customary in 
this state not to elect the same person for more than two 
terms. To be governor one must be (1) a citizen of the 
United States, (2) an elector, (3) at least thirty years 
old, and (4) must have resided in the state two years 
next preceding his election. During the term for which 
he was elected governor he cannot hold any other office. 

Powers and Duties. The powers and duties of the 
governor fall into the three departments of government, 
(a) legislative, (b) executive, and (c) judicial. 

(a) Legislative. We have already noted in Chapter 
IV his four duties in connection with the making of 
laws : he may call special sessions of the legislature, he 
makes recommendations to the legislature, he approves 
or vetoes bills passed by the legislature. He is chair- 
man of the state budget board and as such assists in 
recommending a list of appropriations. 

(b) Executive. The governor's principal duties as 
the chief executive officer of the state are summarized in 
these two provisions of the law: "He shall supervise the 

104 



GOVERNORS OF SOUTH DAKOTA. 





Arthur C. Mellette. 
1889-1892. 



Charles H. Sheldon. 
1893-1896. 





Andrew E. Lee. 
1897-1900. 



Charles X. I Eerreid. 
1901-1904. 



105 



GOVERNORS— Continued. 





Samuel H. Elrod. 
1905-1906. 



Coe I. Crawford. 
1907-1908. 





Robert S. Vessey. 
1909-1912. 



Frank M. Byrne. 
1913-1916. 



106 



THE EXECUTIVE DEPARTMENT 



107 



official conduct of all executive and ministerial officers. 
He shall see that the laws of the state are faithfully and 
impartially executed." 

He is commander-in-chief of 
the state militia,* excepting 
when the president of the 
United States calls it into 
service, and he may call it out 
to preserve order and enforce 
law if it is necessary. There 
are many officers appointed by 
the governor, as we shall 
notice soon. He may appoint 
a United States senator if a 
vacancy occurs, but his ap- 
pointment is valid only until 
the month following the next 
general election, at which 
time the people fill the va- 
cancy. If a vacancy occurs in any office and the law 
does not make other provisions for filling the vacancy, 
the governor makes the appointment. 




Peter Xorbeck 
1917- 



If a person within the state is accused of a crime committed in 
another state he can not be taken out of this state without the consent 
of our governor. If a person has fled from justice to this state from 
a foreign country, the governor then has nothing to do with the 
matter and the accused person can be surrendered to the country from 
which he has fled only by permission of the President of the United 
States. The process of getting authority to return a fugitive from 
justice and of making the return is called extradition. 

The governor is a member of the state highway department, the 
state printing commission, the board of school and public lands, and 
of the board of canvassers of election. His salary is $3,000 a year. 



* The unorganized militia consists of all able-bodied male citizens who 
are residents of the state and are between the ages of eighteen and forty- 
five. The organized militia is known as the South Dakota national guard. 
The governor appoints an adjutant general who has active charge of the 
state guard, inspecting companies, supervising their drill, taking charge of 
their equipment, etc. His military rank is brigadier general. The assistant 
adjutant generals have the rank of colonel and the chief officer of each 
company has the rank of captain. 



108 THE STATE AND NATION 

(c) Judicial. Only indirectly does the governor have 
judicial powers. He may remit fines and grant 
reprieves, commutations, and pardons (see glossary) for 
any persons who have been convicted of violating the 
laws of the state, providing the punishment be a fine of 
$200 or less or imprisonment in the penitentiary for not 
more than two years. For the greater offenses he may 
grant pardons only upon the recommendation of the 
board of pardons, consisting of the presiding judge of the 
state supreme court, the secretary of state and the attor- 
ney general. (See Article IV, Section 5.) 

Lieutenant Governor. The word lieutenant is from 
the French lieu, place and tenant, holding; literally 
"holding the place". He is elected so that in case of a 
vacancy in the office of governor by reason of death, 
removal by impeachment, or removal from the state, the 
people may have someone whom they have chosen to 
hold this high place. His qualifications must be the 
same as those of governor. His only duties as lieutenant 
governor are to preside in the senate during a session of 
the legislature. 

Secretary of State. This officer has charge of all acts 
and resolutions passed by the legislature, the journals of 
the legislature, the enrolled copy of the constitution of 
the state, deeds to all property belonging to the state ; 
and of the state seal. He affixes the seal to all cer- 
tificates of appointment to state offices, certificates of 
election to any office which is filled by the voters of the 
entire state, to pardons and other public documents to 
which the signature of the governor is required, also to 
charters for corporations and other public documents 
issued from his office. He issues charters for corpora- 
tions (excepting insurance companies) and has some 
supervision over them. He has charge of the capitol 
building and grounds. 



THE EXECUTIVE DEPARTMENT 109 

Nominations of candidates for any office to be filled 
by all of the voters of the state are filed with the secre- 
tary of state, and he reports these names to the county 
auditors so that they may be printed on the ballots of 
each county. The results of such elections are reported 
to him by the county auditors. He is a member of the 
state board of canvassers of elections, which examines 
these returns and reports who is elected. 

He is also a member of the board of pardons, and of the mark and 
brand committee. He has charge of the printing of the laws. As 
we have already noted, he presides over the house of representatives 
until it elects a speaker. 

State Auditor. This officer has charge of all accounts 
of the state, of all money received by the state and of all 
paid out. If a person has money due him from the state 
he receives a warrant from the state auditor directing the 
state treasurer to pay him the proper amount. The 
auditor is a member of the state board of canvassers of 
elections. 

State Treasurer. All of the funds of the state are 
entrusted to the care of this officer, who gives heavy 
bonds as a guarantee of safety. He pays out money be- 
longing to the state upon warrants issued by the state 
auditor, or without the warrants when bonds or interest 
may be due. Once each month he and the state auditor 
compare their accounts to see that each has them correct. 

Weights and Measures. The state treasurer keeps in 
his office standard measures which correspond with those 
of the United States. These measures are made of cop- 
per and consist of all sizes from a bushel to a gill. He 
also keeps standard measures of length, consisting of a 
surveyor's chain (33 feet), yard, foot, and inch, and 
standard weights from one hundred pounds down. 

■'A bushel of each of i]\c articles enumerated in this section shall 
consist of the number of pounds avoirdupois respectively affixed to 
each, viz. : 



110 THE STATE AND NATION 

Barley, 48 pounds. Oats, 32 pounds. 

Beans, 60 pounds. Onions, 52 pounds. 

Bran, 20 pounds. Potatoes, Irish, 60 pounds. 

Buckwheat, 42 pounds. Potatoes, sweet, 46 pounds> 

Beets, 60 pounds. Peas, 60 pounds. 

Broom corn seed, 30 pounds. Bye, 56 pounds. 

Corn, shelled, 56 pounds. Salt, 80 pounds. 

Corn in the ear, 70 pounds. Turnips, 60 pounds. 

Cloverseed, 60 pounds. Timothy seed, 42 pounds. 

Lime, 80 pounds. Wheat, 60 pounds. 

Coal, stone, 80 pounds. Speltz, 45 pounds." 

Flaxseed, 56 pounds. — Pol. Code. 

Superintendent of Public Instruction. This officer is 
at the head of the educational system of the state. He 
has charge of the granting of nearly all certificates to 
teach. He prepares a list of educators from whom are 
selected the conductors of teachers' institutes. He calls 
meetings of county superintendents for the consideration 
of school problems, and with them adopts courses of 
study for the common schools of the state. All plans 
for public school buildings must be approved by him. 
Appeals may be made to the superintendent of public 
instruction from decisions of county superintendents. A 
large part of his time is spent in giving addresses at 
teachers' institutes and at meetings of teachers and school 
officers. He is a member of the state reading circle 
board. 

Commissioner of School and Public Lands. As we 

noticed when studying Chapter II, the United States 
gave to South Dakota a great deal of land for the sup- 
port of the schools, the erection of a capitol building and 
for other purposes. The officer of the state who has 
charge of the sale of these lands and their rental until 
sold is called the commissioner of school and public 
lands. 

"The governor, commissioner of school and public 
lands, and state auditor shall constitute a board which 



THE EXECUTIVE DEPARTMENT m 

shall be termed the 'board of school and public lands.* " 
This board decides what school and other public land 
shall be leased and what shall be sold. The commis- 
sioner then has charge of the selling and leasing of the 
land. The lands are leased at a public auction conducted 
by the county auditor of the county in which the lands 
are located. Xo lease can extend for more than five 
years. 

When any of the state lands are to be sold, an estimate is first 
made of their value. This is done by a "board of appraisal," con- 
sisting of the commissioner of school and public lands, the county aud- 
itor, and the county superintendent of schools of the county in which 
the lands are located. The lands are then advertised and sold by the 
commissioner, or agent appointed by him. The price must not be 
less than the estimated or appraised value. Each sale must be ap- 
proved by the governor, after which a deed, called a "patent," is 
issued from the office of the commissioner, to which his seal is affixed. 

The money received from the sale of the public school 
lands is a permanent fund which is loaned. The interest 
or income is distributed among the schools of the state 
by this officer ; each public school gets its share accord- 
ing to the number of children of school age (between six 
and twenty-one) in the school district. The money ob- 
tained from the leasing of school lands is also thus appor- 
tioned. 

State Forest Supervisor. The commissioner of school 
and public lands has many duties relative to timber on 
the state and public lands. In the Black Hills area 
there are some 80,000 acres of state forested land. The 
commissioner has power to appoint a forest supervisor 
to whom is delegated the commissioner's power in the 
administration of the state forest lands. The United 
States has a great forest reserve in the Black Hills area, 
with national foresters in charge. The state and 
national foresters are, ex officio, state deputy game war- 
dens. 



112 THE STATE AND NATION 

Attorney General. This is the official legal adviser of 
the governor, secretary of state, state auditor, state treas- 
urer, state superintendent of public instruction and the 
state's attorneys of the various counties. His decision 
as to the meaning of the law is generally accepted until 
some trial is held in a court and another decision is 
made. He represents the state to protect it in any trial 
in which the state is interested. The attorney general 
examines bonds and deeds belonging to the state to see 
that they are legal, prepares forms for contracts and 
other legal papers for the state. He is a member of the 
state board of pardons. 

His salary is limited by the constitution of the state to $1,000 per 
year, altogether too small for so important an officer. It would be 
very much better, and probably less expensive to the state, if the at- 
torney general were paid a good salary and required to devote his 
time exclusively to the state, he and his deputy giving up their pri- 
vate law practice. 

In 1902 a contractor sued the state board of regents for damages, 
claiming he had lost money by a fire and that it was the fault of the 
regents that there was not sufficient insurance. The attorney general 
defended the board and it was proven that it was the contractor's 
own fault that there was not sufficient insurance. This case was tried 
in a United States court, as it was between a citizen of Minnesota 
and the state of South Dakota. 

Railway Commissioners. A state board of three rail- 
way commissioners is elected by the voters of the state. 
The state is divided into three districts and one commis- 
sioner is elected from each district by a vote of the entire 
state. The term of office is six years, one being elected 
at each regular election in November of even numbered 
years. A member must not be in the employment of 
any railway company or have any financial interest in 
one or in an elevator. The principal business of the 
board is to see that the laws relating to railways and 
telephones are enforced. They visit all portions of the 
state to receive any complaints the people may wish to 



THE EXECUTIVE DEPARTMENT 113 

make concerning transportation. They have some 
power over railway rates, the locating of warehouses, 
establishing stations, erecting crossings, etc. The work 
of the scale and warehouse inspector is connected with this 
department. 

Appointive State Officers 

The law provides for the appointment of many officers 
by the governor.' Nearly all appointments must be ap- 
proved by the state senate. If a vacancy occurs in an 
appointive office while the senate is not in session, the 
governor makes an appointment until the senate meets, 
when he informs the senate of his action and then the 
vacancy is filled by an appointment subject to the 
approval of the senate. The term is usually two years 
and in some cases bonds are required for the faithful 
accounting of money and the performance of duty. 

State Sheriff. The several sheriffs and deputy sheriffs 
of the state constitute a "state constabulary" (con-stab'- 
u-la-ry) for the detection of criminals and preserving and 
enforcing law and order within the state. At the head 
of the state constabulary is the state sheriff. 

The state sheriff is especially employed to enforce the 
prohibition law and is given many powers in that con- 
nection. He also gives special attention to the enforce- 
ment of all criminal laws of the state for the prevention 
of wrongs to children and dumb animals, and to juvenile 
court laws of the state that are designed for the protec- 
tion, control and maintenance of delinquent, dependent, 
or neglected children. Persons having information of 
the violation of any of these laws should notify the state 
sheriff at Pierre. He is appointed by the governor and 
serves during the pleasure of the governor. His salary 
is $3,000. 

8 



114 THE STATE AND NATION 

The Public Examiner. The public examiner must be a 
skilled accountant and an expert in the theory and prac- 
tice of bookkeeping. His duty is to exercise a close su- 
pervision over the books and accounts of the state banks 
in order to know that they are working on a sound basis. 
The purpose of this officer is to render the banks safe 
places for the people to deposit their money. He for- 
merly had much more work, but a large portion of it was 
given to the executive accountant. This action was 
taken by the legislature of 1911. 

Executive Accountant. This officer examines the ac- 
counts of all state officers, boards and commissions at 
least once a year. Upon request of the governor he must 
examine any of their accounts at any time and also the 
accounts of any state educational, penal or charitable 
institution. Upon request of the county commissioners 
of any county, or the governor, the executive accountant 
must examine the accounts of any county officer. 

Commissioner of Insurance. Insurance is a plan for 
distributing the losses which are caused by fire, wind, 
death, etc. When a house burns or when an industrious 
person dies there is a severe financial loss for some one. 
Each person who pays an insurance premium is helping 
to share some one's loss for long experience makes it pos- 
sible to tell in advance just what is costs to carry each 
risk. The law provides many safeguards to protect those 
who have insurance and to encourage this work of pro- 
viding for future danger of loss. The principal duties of 
the commissioner of insurance are to see that the laws 
of the state respecting insurance companies are faithfully 
observed. He is kept fully informed concerning the 
condition of each company doing business in the state 
and may start prosecutions if the laws are violated. Any 
insurance companies formed in this state receive their 
charters from him. 



THE EXECUTIVE DEPARTMENT 115 

The law prescribes standard insurance policies, which must be used 
by all companies doing business in the state. In case of a total loss 
of a building by lire the full sum must be paid by the insurance com- 
pany, but in case of partial loss by fire only the actual damage is 
paid. A policy cannot be transferred, or insured goods removed, with- 
out the consent of the company, and a person may not take out 
more fire insurance with another company without the consent of the 
coinpaoiy already insuring the property. 

State Engineer. This official must be a technically 
qualified and experienced civil and hydraulic engineer. 
He has important duties in connection with many 
engineering problems. He has "general supervision of 
the waters of the state, and of the measurement, ap- 
propriation and distribution thereof." All plans for irri- 
gation, bridges, and state buildings must be approved by 
him. He or his deputies supervise the construction of 
such projects. He is ex-officio secretary of the state 
highway department with the work of which he has 
important duties. He is appointed by the governor for 
four years at a salary of $2,700. 

State Veterinary Surgeon. He must be a graduate of 
a veterinary college course of at least three years and in 
addition have practiced his profession for that length of 
time. He is the executive officer of the live stock sani- 
tary board, though not a member of the board. He en- 
forces their rules and the state laws concerning the pre- 
vention of contagious and infectious diseases among 
domestic animals. Live stock having certain diseases is 
killed under his direction. 

State Game Warden. This officer, together with the 
deputy wardens in the different counties, sees to the 
enforcement of the game laws. 

State Mine Inspector. As the title implies this official 
makes examinations of mines to see that conditions are 
as safe as possible. 



116 THE STATE AND NATION 

State Food and Drug Commissioner. This officer has 
the important duty of enforcing the laws relating to the 
adulteration of foods and drugs. Both the United States 
and the state have passed pure food and drug laws and 
each has its officers to enforce them. He is also state 
hotel inspector. His duties as such are to see that the 
laws relating to cleanliness and protection against fire are 
enforced in hotels. He is also "state building inspector," 
being charged with the inspection of theaters, schools, 
churches, hospitals and other buildings that accom- 
modate one hundred persons. 

"All doors of exit or entrance shall open outward and be hung to 
swing in such a manner as not to become an obstruction in a passage 
or corridor, and no such doors shall be closed and locked when the 
building is open to the public." — Laws of 19091 

Oil Inspection. The food and drug commissioner pro- 
vides for the inspection of all illuminating oils. 

The law provides that all cans or casks containing gasoline shall 
be painted red. Gasoline evaporates rapidly, and the gas thus formed 
burns and explodes very easily. Great care should be taken when 
filling cans with gasoline or cleaning clothes with it, and no fire or 
light should be in the same room or adjoining rooms while this is 
being done. It is dangerous to pour kerosene or gasoline on a fire. 

Commissioner of Immigration. The legislature of 
1911 provided for this officer to have charge of advertis- 
ing the resources of the state. 

State Dairy Expert. This officer is connected with the 
college of agriculture and mechanic arts at Brookings 
and has charge of the enforcement of the laws relating 
to dairy products. He causes inspection to be made of 
creameries, cheese factories and dairies. 

Department of History. In 1901 the legislature 
created this department and provided for a state histori- 
cal society. The secretary of this society is the state 



THE EXECUTIVE DEPARTMENT H? 

librarian, who has charge of the many valuable books, 
documents and mementoes of state and national value in 
the state library and museum in the capitol building. 
The secretary of the society is also superintendent of the 
state census and is the state statistician, collecting sta- 
tistics concerning births and deaths, crops and other 
matters of public interest. The biennial reports of the 
historical society are prepared by him and comprise a 
great deal of valuable material of historical interest. 
Mr. Doane Robinson has occupied this responsible posi- 
tion from the time it was established. 

SALARIES OF STATE OFFICIALS. Excepting those given, the 
salaries of state officials are usually from $1,500 to $1,800 per 
year. Most of these were fixed in the constitution at a time when 
such a salary was sufficient. That sum of money will now buy only 
about one-half as much as it would then, so in reality the salaries 
have been decreasing to about one-half what they should be. At the 
same time the growth of the state has greatly increased the work and 
duties of all of the officers. It might be very much better if the leg- 
islature had power to fix these salaries, for then they could be 
changed as conditions change. To do this it will be necessary to 
amend the constitution. 

Until recently in England members of parliament (corresponding 
to our congress) got no pay at all. It was thus impossible there for 
a poor man to become a member unless, as was once done, collections 
were taken among his friends to support the man while he was serv- 
ing his country. Salaries should not be so large that men will be 
tempted to do improper things to get an office, neither should they be 
so small that an officer can scarcely make a living from his salary. 

State Boards 

Some matters are cared for by boards instead of by in- 
divduals. A board made up of officers elected for other 
purposes is said to be "ex-officio" (Lat. ex, out of — 
officio, the office). The board of school and public lands 
and the board of pardons are, as we have seen, of this 
kind. The presiding judge of the state supreme court 
is ex-officio a member of the board of pardons. 



118 THE STATE AND NATION 

The State Tax Commission. This board or commis- 
sion consists of three members, appointed by the gov- 
ernor for terms of six years. The commission has super- 
vision over the administration of the tax laws and over 
boards of equalization and all officers who assess 
property for taxation. 

The commission meets and assesses the value of the property of 
railroad, telephone, telegraph, and express companies within the 
state. The property is then taxed according to its value. This com- 
mission also goes over the reports of the assessment of property in 
the different counties and "equalizes" them. Thus, if lands are 
valued too high in one county as compared with their value in an- 
other, the board may lower the one or raise the other, or do both. 

State Board of Canvassers of Elections. As we no- 
ticed when studying the duties of the secretary of state, 
county auditors send to this board a report of the votes 
cast for candidates for offices for which all voters of the 
state cast ballots — for governor, secretary of state, presi- 
dential electors, etc. The governor, presiding judge of 
the state supreme court, secretary of state and the state 
auditor examine these reports from the various counties 
and decide who are elected. If a member of this board 
is a candidate for office he does not help count the votes 
cast for that office. 

Regents of Education. This board of five members is 
appointed for six years each and has control of the state 
higher educational institutions. The board has general 
supervision over these schools, selects teachers, adopts 
courses of study and has charge of all expenditures. 
The president and faculty of each school have immediate 
charge over its affairs, subject to the approval of the 
board. The state educational institutions (see Chapter 
II) are as follows : 

State University, Vermillion. 

State College of Agriculture and Mechanic Arts, Brookings. 



THE EXECUTIVE DEPARTMENT H9 

State School of Mines. Rapid City. 
Northern Normal and Industrial School, Aberdeen. 
• Three state normal schools, Madison, Spearfish and Springfield. 

A member of this board may not be appointed from a 
county in which one of these institutions is located. 
This is for the purpose of preventing any of them from 
coming under the control of the locality in which it is 
located and to keep the schools, as they should be, state 
institutions. The board appoints a secretary who keeps 
records of their meetings and does accounting for them. 

Board of Charities and Corrections. This board is 
similar in every way to the board of regents excepting 
that it has charge of the corrective institutions of the 
state. These are : 

Penitentiary, Sioux Falls. 

State Training School (a reform school), Plankinton. 

Hospital for the Insane, Yankton. 

State School and Home for the Feeble Minded, Redfield. 

School for the Deaf. Sioux Falls. 

School for the Blind, Gary. 

A hoard of three women is appointed for two years, whose duty is 
to examine conditions at these institutions and the treatment of in- 
mates and report to the governor. The examiners receive three dol- 
lars per day and their necessary expenses while visiting institutions. 

Commissioners of the Soldiers' Home. This board 
consists of three members, each being appointed for six 
years, and has charge of the affairs of the state soldiers' 
home at Hot Springs. A national soldiers' sanitarium is 
maintained at Hot Springs by the United States. 

State Board of Agriculture. This board consists of 
five members, appointed for two years each, and has 
charge of the state fair which is held each year at Huron. 

State Board of Health. Five physicians, appointed by 
the governor for five years each, constitute this board. 
The board makes rules for the control of contagious and 



120 THE STATE AND NATION 

infectious diseases and superintends the boards of health 
of counties, cities, and towns. The state health labora- 
tory is at the state university at Vermillion, in charge of 
one of the professors of the college of medicine. Micro- 
scopical tests and chemical analyses are made there. 

Mark and Brand Committee. Three stock raisers are 
appointed by the governor for two years and these, with 
the secretary of state, constitute this committee. All 
persons who adopt marks or brands for their live stock 
must send copies of them with a fee of two dollars and 
fifty cents to the secretary of state. The committee must 
approve the brand before it may lawfully be used. 

Free Library Commission. The free libraries of the 
state consist of the supreme court library, the state 
library and the free public libraries of the several cities, 
towns, townships, and school districts, and free traveling 
libraries. The free library Commission consists of the 
governor, the superintendent of public instruction, the 
state librarian, and two persons appointed by the gov- 
ernor for three years from persons nominated by the 
state library association and the state federation of 
women's clubs. This commission supervises the state 
library, selects lists of books from which county library 
boards may choose books, gives advice and assistance to 
communities desiring to establish libraries, sends out 
packages of books as traveling libraries, etc. 

Teachers' Reading Circle Board. This board consists 
of the president of the state educational association, one 
county superintendent elected at a meeting of the county 
superintendents of the state, and the superintendent of 
public instruction. The board adopts books for the read- 
ing circle and has general charge of the work. 



THE EXECUTIVE DEPARTMENT 121 

Boards of Examiners. A number of state boards are 
appointed for the examination of those who wish to prac- 
tice medicine, dentistry, embalming, pharmacy, etc. 

State Printing Commission. The governor, secretary 
of state and state treasurer constitute the board which 
has charge of all printing for the state. Contracts for 
printing and office supplies are let to the lowest bidder. 
The governor appoints some one who is well versed in 
printing as the state printer and he has supervision of the 
work under the direction of the board. 

Live Stock Sanitary Board. This board consists of 
five members, who must be live stock men, appointed for 
five years each. It is the duty of the board to protect the 
health of domestic animals of the state and to employ the 
most efficient and practical means for preventing and 
eradicating contagious and infectious diseases among 
them. The professor of bacteriology and pathology of 
the state college of agriculture and mechanic arts at 
Brookings makes examinations of diseased animals, or 
portions of them, for the board. The board has power to 
quarantine any barns, other buildings or lots to prevent 
the spreading of diseases, or order the destruction of 
diseased animals. The state veterinary surgeon is the 
executive officer of the board. 

"It shall be the duty of any person who discovers, suspects, or 
has reasons to believe, that any domestic animal or animals belong- 
ing to him or any in his charge, or that may come under his observa- 
tion, belonging to other persons, is affected with or has been exposed 
to any contagious, infectious, epidemic or communicable disease, to 
immediately report such fact, belief or suspicion to the state live 
stock sanitary board or to a member or representative thereof." — Ses- 
sion Laws, 1909. 

Board of Immigration. The governor, secretary of 
state, and the commissioner of school and public lands 
constitute this board. The governor is, ex-officio, its 



122 THE STATE AND NATION 

chairman, and the commissioner of immigration is its 
executive officer and agent. 

Board of Finance. This is another ex-officio board, 
consisting of the governor, secretary of state, state audi- 
tor, and public examiner. The principal duty of the 
board is to supervise the safe keeping of all state funds. 

State Board of Education. This board has charge of 
vocational education in co-operation with the federal 
board for vocational education. Congress has appropri- 
ated large sums of money for (a) the payment of salaries 
of teachers, supervisors, or directors of agricultural sub- 
jects; (b) of trade, home economics, and industrial sub- 
jects; and (c) for preparing teachers, supervisors, and 
directors of the subjects just named. To receive any of 
the money appropriated by congress for these purposes, 
an equal sum must be furnished by the school taking 
advantage of the law. The state board of education 
consists of the state superintendent of public instruction, 
the president of the university of South Dakota, the 
president of the state college of agriculture and mechanic 
arts, and four persons appointed by the governor, two of 
whom must be members of the faculties of normal 
schools, one a city superintendent or principal, and one 
a county superintendent. 

State Highway Department. The governor, the state 
engineer, and an experienced road builder appointed by 
the governor constitute this department, which has 
charge of the construction of public roads and bridges 
for which state appropriations are made, or federal ap- 
propriations used together with state appropriations. 
The federal government has appropriated large sums for 
this purpose but these 'are available within a state only 
when the state appropriates money also. A large sum 
is thus made available for good roads in this state. 



THE EXECUTIVE DEPARTMENT 123 

FOURTH MONTH 
B. Executive Department. 

(1) Elective Officers. 

A. Governor. 

(1) Legislative Powers. 

(a) Recommends to Legislature. 

(b) Approves Bills. 

(c) Vetoes Bills. 

(2) Judicial Powers. 

(a) Grants Reprieves. 

(b) Grants Pardons. 

(c) Issues Requisitions and Grants Extradi- 

tions. 

(3) Executive Powers. 
(a) Enforce Laws. 

(4) Appointive Powers. 

(5) Military Powers. 

(6) Restrictions on. 

( 7 ) Qualifications. 

B. Lieutenant Governor. 

C. Secretary of State. 

D. Auditor. 

E. Treasurer. 

F. Superintendent of Public Instruction. 

G. Attorney General. 

H. Commissioner of School and Public Land. 

(1) Duties of Each. 

(2) Salaries of Each. 

(3) Terms of Each. 

I. Railroad Commissioner 

( 1 ) Number. 

( 2 ) Duties and Powers. 

(3) Terms. 

(4) Salaries. 

(2) Appointive Officers, Minimum Course. 
( 1 ) Public Examiner. 

(2) State Game Warden. 

(3) Food and Drug Commissioner. 

(4) State Dairy Expert. 

(5) Mine Examiner. 

(6) State Historian. 

(3) Appointive Officers, Supplementary Course. 

(1) Executive Accountant. 

(2) Commissioner of Insurance. 

(3) Oil Inspector. 

(4) State Veterinary. 

(5) State Engineer of Irrigation. 
(0) State Hotel Inspector. 

(7) Commissioner of Immigration. 



124 THE STATE AND NATION 

(4) State Boards (Appointive), Minimum Course. 

( 1 ) Tax Commission. 

(2) Regents of Education. 

(3) Charities and Corrections. 

(4) Live Stock Sanitary Board. 

(5) Mark and Brand. 

SUPPLEMENTARY COURSE. 

(1) Teacher's Reading Circle. 

( 2 ) Examiners. 

(3) Printing Commissioners. 

( 4 ) Immigration. 

(5) Finance. 

(6) Pardons. 

(7) Canvassers of Election. 

(8) Commissioners of Soldiers' Home. 

( 9 ) Agriculture. 
(10) Health. 



CHAPTER VI 
THE JUDICIAL DEPARTMENT 

Interpreting and Applying Law. We have studied 
how laws are passed and how they are enforced by the 
state, county, township, town and city. In the enforce- 
ment of law there must be some method of deciding how 
the law applies in a given instance, or whether a person 
who is accused of violating the law is guilty or not. 
Courts are established to interpret the law and apply it 
in cases that arise. The United States maintains a sys- 
tem of courts to try cases which involve the federal con- 
stitution and laws (see Chapter IX), and the state main- 
tains courts to try cases which involve state laws. 

The courts provided for by law in South Dakota are 
(a) the state supreme court, (b) circuit courts, (c) coun- 
ty courts, (d) municipal courts, and (e) courts of jus- 
tices of the peace. 

State Supreme Court 

Supreme Judges. The supreme court is the highest 
court in the state. It consists of five judges and holds 
all of its sessions at Pierre. Until 1909 there were only 
three judges. The judges are chosen from districts by a 
vote of the entire state, and their term is six years. 
While they necessarily live at Pierre, their legal resi- 
dence is in the districts from which they were originally 
chosen. They must be licensed to practice law in the 
state, thirty years old, citizens of the United States, resi- 
dents of the state two years, and residents of the districts 
from which they are chosen. Vacancies are filled by ap- 

125 



126 THE STATE AND NATION 

pointment by the governor. At least three of the judges 
hear each case, and at least three must unite in a deci- 
sion. They adopt their own rules and elect one of their 
members presiding judge. The presiding judge corre- 
sponds to chief justice (see Index), as he is called in the 
supreme court of the United States and of many states. 

Officers. The judges appoint a clerk to record all de- 
cisions and proceedings; a reporter, who must be a law- 
yer, to publish the opinions and authorities filed by 
lawyers in cases before the court and the decisions of 
the court. These decisions are bound and preserved as 
"South Dakota Reports," and are quoted and referred to 
as authorities all over the United States; a marshal, to 
serve papers and perform such duties as the sheriff or 
constable does in lower courts ; a librarian has charge of 
the law library; and stenographers write out testimony, 
decisions, etc. 

Jurisdiction. By the jurisdiction of a court is meant 
the power of the court to try cases. There are two prin- 
cipal kinds of jurisdiction — original and appellate. By 
original jurisdiction of a court is meant its power to try 
cases beginning or originating there. Appellate juris- 
diction is the power of a court to try cases that have 
been appealed to it from lower courts. 

Original Jurisdiction. Very few cases ever originate 
in the supreme court.- Nearly all of its work is in hear- 
ing cases that have been tried in a lower court to deter- 
mine whether the trial was legally conducted. Certain 
cases may begin in this court, usually those involving 
what are called remedial writs, such as injunctions, writs 
of mandamus, habeas corpus, certiorari (see "Writs" in 
Glossary for definitions of these terms). The circuit 
court, however, usually issues these writs and tries the 



THE JUDICIAL DEPARTMENT 127 

cases involved. In case the state auditor refuses to allow 
a claim against the state, action may be commenced in 
the supreme court. 

Appellate Jurisdiction. Appeals may usually be taken 
to the supreme court from decisions of lower courts on 
the following grounds: (a) that the judge did not rule 
correctly as to what evidence should be admitted; (b) 
that the judge gave incorrect instructions to the jury, or 
(c) that the evidence was not sufficient to support the 
verdict. There are other grounds for appeal not so easily 
explained here. The supreme court may (a) affirm the 
judgment of the lower court, (b) reverse it, (c) order a 
new trial of the case, or (d) in certain cases may order 
a judgment to be entered in the court below. 

No Jury. As a general rule judges of a court interpret 
the law and decide what it means in a given case, and 
juries decide what the facts are if they are in dispute. 
The supreme court is a court of law, not of fact, so it 
never has a jury. If a case coming before it involves a 
dispute as to what the facts are, the case, or that portion 
of it, is sent to a circuit court, where a jury is called, 
testimony taken, and the facts decided. There is no ap- 
peal possible from a decision of this court unless the case 
involves the lazes or constitution of the Uyiited States. The 
famous Dred Scott decision (see any United States his- 
tory) was one of this kind. 

Constitutionality of a Law. Any law, city ordinance, 
decision of an officer, or legal proceeding of any kind 
must not violate the constitution of the state. The su- 
preme court of the state is the only one that can finally 
decide whether a given law, ordinance, etc., conforms to 
the state constitution.* 



* The supreme court of the United States finally decides whether a law 
passed by congress, by the state legislature or any other law making body, 
or any legal decision or proceeding, violates the constitution of the United 
States. 



128 



THE STATE AND NATION 



TO LICENSE ATTORNEYS. To practice law in any court of the 
state, excepting that of a justice of the peace, one must have a license. 
These licenses are granted by the supreme court of the state after an 
examination of the applicants. Graduates of the college of law at 
the state university are granted licenses without examination. (To 
practice law in any federal court, one must have a license issued by 
a United States district court.) Salary of judge of the state supreme 
court is $3,000. 

State Circuit Courts 

Circuit Judges. The -state is divided into twelve dis- 
tricts or "circuits,"* in each of which a judge is elected 




State Judicial Circuits. South Dakota is divided into twelve ju- 
dicial circuits. This map shows the Indian Reservations as bounded 
in 1917. S. R.— Standing Rock. Ch — Cheyenne River. C. C— 
Crow Creek. L. B. — Lower Brule. P. R. — Pine Ridge. R. — Rosebud. 

for four years (District No. 2 has two judges). He must 

be "learned in the law" (that is, licensed by the supreme 

court), twenty-five years of age, a citizen of the United 

States, a resident of the state one year, and a resident 

of the circuit where elected. Salary of circuit judge is 

$2,500. 

* Called circuits (Lat. circum, around + ^ re > to go) from the fact that 
the circuit judges go around from county to county trying cases. See Index. 



THE JUDICIAL DEPARTMENT 129 

Officers. Each organized county elects a clerk of the 
courts (county and circuit courts) and a sheriff, who act 
as officers of the circuit court when it is held in the 
county (twice a year in each county). Stenographers 
are appointed by the judge to take down testimony and 
other transactions, and bailiffs to wait upon the jury and 
court. Any attorney connected with a case that is being 
tried is also an officer of the court. In case a person ac- 
cused of crime cannot afford to employ a lawyer to defend 
him, the judge appoints one and the county pays for his 
services. 

Jurisdiction. The circuit court has original jurisdic- 
tion in almost any kind of case that may arise. The prin- 
cipal exceptions are as follows : 

a. Probate Cases (see Index). These are tried in the 
county court. Many of them may be appealed to the cir- 
cuit court. 

b. City and Town Ordinances. Violations of city and 
town ordinances must be tried before city or town jus- 
tices or municipal judges. 

c. Federal Cases. Actions involving the constitution, 
treaties, or laws of the United States, or those between 
states or between citizens of different states are tried in 
a United States court (see Chapter IX). Crimes com- 
mitted on Indian reservations are also tried in a federal 
court, and the state courts have no jurisdiction over them. 

Lower Courts 

County Court. The county judge is elected every two 
years, and must be someone admitted to the bar; that 
is, a licensed attorney. He may hold three kinds of 
court : 



130 THE STATE AND NATION 

Probate Cases. The principal duties of the county 
judge are to look after the property of deceased persons 
and see that their wills, if they have made wills, are car- 
ried out, or to see that the property is divided properly 
among the heirs. He appoints guardians for orphans who 
are minors and for insane persons. See administrator, 
executor, etc., in Glossary. 

Juvenile Cases. " Whenever any child sixteen (16) 
years of age or under, is arrested with or without war- 
rant, such child shall, instead of being taken before a 
justice of the peace or police magistrate, be taken di- 
rectly before the county court." Unless the offense 
charged be felony,* this court has power to send a de- 
linquent* child of eighteen or under to the state training 
school, or may have the child and his parents or guardian 
report his conduct from time to time to see whether the 
child is reforming. 

Criminal and Civil Cases. In counties having a popu- 
lation of 10,000 or more, the county court may try civil 
cases where the amount in dispute is not over $1,000, 
and criminal cases of misdemeanors (see Glossary). 

In case of a vacancy in this office the governor ap- 
points someone. 

Municipal Courts. Any city having a population of 
5,000 or more, or a population of 1,500, if a county seat, 
may establish a municipal court. The judge must be at 
least twenty-five years old and a licensed attorney. The 
city auditor acts as his clerk. His jurisdiction extends 
over the entire county. He can try most civil cases where 
no more than five hundred dollars is in dispute, and crim- 
inal cases of misdemeanors (see Glossary). 



See Glossary, p. 265. 



THE JUDICIAL DEPARTMENT 131 

Justice Courts. There are many justices of the peace, 
county, township, city, town and village. They do not 
need to be "learned in the law," that is, licensed attor- 
neys, as in all courts previously discussed in this chap- 
ter. The jurisdiction of the justice court is limited to 
civil cases where the amount in controversy does not 
exceed $100.00, and to criminal cases where the offense 
is not punishable by more than a fine of $100.00 or thirty 
days in jail, or both. The justice may give a "prelim- 
inary hearing" in case of greater crimes and commit the 
accused to jail to await trial in a higher court, or require 
bonds for his appearance. 

Criminal and Civil Actions. A criminal action is one 
prosecuted by the state against a person charged with 
a public offense or crime. The state is represented by 
the state's attorney for the county where the offense was 
committed. A civil action is one brought by a person, 
firm or corporation against another person, firm, or cor- 
poration. A civil action is usually called a lawsuit. 

BEGINNINGS IN A CIVIL ACTION. 

PARTIES TO AN ACTION. The one who brings a civil action is 
called the plaintiff, and the one against whom the action is brought 
is called the defendant. 

SUMMONS. A civil action is commenced by the issuance, in the 
name of the state, of a summons to the defendant, notifying him 
that he must make answer to the complaint at a certain time. If the 
action is brought in a justice court the summons is signed by the 
justice and served by the sheriff or a constable. If in the circuit 
court, the summons is signed by the attorney for the plaintiff and 
is served by the sheriff. In either case a summons may be served by 
any elector of the county who has no interest in the case. 

PLEADINGS. The complaint is the formal statement of the facts 
upon which the plaintiff will rely in the trial. The answer* is the 
formal statement of the defendant. If, in the answer of the defend- 
ant, a counterclaim is made against the plaintiff, the latter may 
make a reply to the answer. These papers include every point in 
dispute and are called the pleadings. If either partyt fails to appear, 
personally or by counsel at the appointed time, he loses his case and 
must pay the costs of the action besides. 



132 THE STATE AND NATION 

BEGINNINGS IN A CRIMINAL ACTION. 

COMPLAINT AND PLEA. In a criminal action the state is the 
plaintiff (see p. 266) and the one accused of crime is the defendant, 
Thfi one who makes the complaint before the justice is called the 
complaining witness. After the complaint has been made a warrant 
of arrest is issued (see p. 73). The defendant is not summoned, 
as in a civil case, but is arrested and taken before the justice and 
here he is required to enter a plea* of guilty or not guilty of the 
accusation. Usually a trial cannot be held until witnesses have been 
summoned and other preparations made. In most cases the accused 
may furnish bail or security for his appearance at the time of the 
preliminary examination, otherwise he must stay in jail. In a civil 
action it is very rare that the defendant is arrested and held in 
custody. 

SUBPCENA, VENIRE. The summons issued to compel the attend- 
ance of a witness is called a subpoena (Lat. sub. under -j- poena pun- 
ishment). The summons requiring the attendance of jurors is called 
a venire (Lat. venire, to go). 

The Opening. After the jury has been selected and 
sworn, the case is opened by the counsel for the plaintiff 
(in a criminal case, the state's attorney). He presents the 
complaint and outlines to the jury what he intends to 
prove. 

Evidence. The witnesses for the plaintiff are then ex- 
amined. The counsel for the plaintiff questions his wit- 
ness until the facts are brought out, and then the coun- 
sel for the defendant questions, or "cross-examines," the 
witness. After the witnesses for the plaintiff have all 
testified, the counsel for the defendant opens the case 
for the defense, explaining to the jury what he intends 
to prove. The witnesses for the defense then testify, the 
counsel for the defense first questioning them, and then 



* Instead of an answer or plea the defendent sometimes files a demurrer, 
claiming that the court has not jurisdiction, that there are not sufficient 
grounds stated to support an action, or that there is some other good and 
legal reason why the case cannot be tried. 

t This use of the word "party," for "person," and its use in such 
forms as contracts and other legal papers, is correct and has the sanction of 
good usage. Outside of such documents and statements of law, however, 
this use is not in good taste (see the word "party" in the International 
dictionary). This is also true of the improper use of such lawyers' terms 
as "said," "same," etc. Thus, "The party losing her umbrella may find 
same at my office," should be, "The person losing her umbrella may find it 
at my office." 



THE JUDICIAL DEPARTMENT 133 

the counsel for the plaintiff cross-examining them. After 
the evidence for the defense has been given, the plaintiff 
may introduce evidence to contradict anything offered in 
the defense. This is called the rebuttal. 

Each witness first takes the following oath, adminis- 
tered by the clerk or by the judge: 

<( You do solemnly swear that the evidence you shall give relative 
to the cause now under consideration shall be the truth, the whole 
truth, and nothing but the truth. So help you God." 

To violate an oath is perjury, a penitentiary offense. 

People usually dislike to give evidence in court against a person. 
It should be remembered, however, that in a trial a witness does not 
act in a private capacity, but is exactly like a public official and rep- 
resents the public welfare and not his own individual desire. This 
is equally true of pupils giving testimony in school. There is a 
marked difference between petty "tattling" and the giving oi evidence 
when questioned by the teacher. 

Arguments. The counsel for the plaintiff then ad- 
dresses the jury, presenting his argument. The counsel 
for the defendant follows with his argument, and then 
the counsel for the plaintiff closes the argument. This is 
the usual order of the arguments. The argument is often 
improperly called the "plea" or "pleading." 

Charge to Jury. The judge then reads his instructions 
to the jury as to the law in the case. This is called his 
charge to the jury. A justice of the peace, not necessarily 
being learned in the law, never gives such instructions. 

Verdict. The jury then retire to a room by them- 
selves, consider the evidence, and bring in a decision. 
If they cannot agree, they may be discharged and a new 
trial must be held. The verdict (Lat. vera, true -f- dicere, 
to say) in a criminal case is "guilty" or "not guilty." In 
some cases the jury also determine the degree of crime 
and punishment. In a civil case the verdict is usually, 



134 THE STATE AND NATION 

"We find for the plaintiff in the sum of $ and 

the costs and disbursements of this action; or, "We find 
for the defendant" ; in which case, the plaintiff must pay 
the costs of the trial. 

The Jury 

Grand Jury. It is the duty of the grand jury to inves- 
tigate causes of crime and accuse any who should be 
tried. In the United States courts the grand jury always 
meets for this purpose, but in South Dakota a grand jury 
is not called unless the circuit judge considers it neces- 
sary or desirable. In the United States courts the grand 
jury consists of from fifteen to twenty-three men; in 
South Dakota, of from six to eight men. 

The grand jury sits in secret; the state's attorney is 
its legal adviser; and it usually examines only the wit- 
nesses against a suspected person. The grand jury does 
not decide whether a man is guilty, but simply whether 
there is enough- evidence against a person to accuse him 
and have him arrested and tried. The accusation may 
take one of two forms : (a) An indictment (in-ditement) 
is an accusation drawn up by the state's attorney and 
approved by the grand jury; (b) A presentment is an 
accusation made by the grand jury independent of the 
state's attorney. 

Petit Jury. The duty of the petit jury is to hear evi- 
dence in trials and decide cases. The petit jury consists 
of twelve men. In criminal cases all must agree in a 
verdict; but in nearly all civil cases involving no more 
than one hundred dollars, three-fourths of the jury may 
decide the case. In justice courts the jury usually con- 
sists of six men. 



THE JUDICIAL DEPARTMENT 135 

How Summoned. Two hundred names of competent 
persons are chosen from assessors' lists of the various 
townships, towns and cities of the county. The clerk of 
the courts, county auditor, county treasurer and sheriff 
select by lot from the list of two hundred the number of 
jurors ordered by the judge of the circuit court. Venires 
are then issued by the clerk of the courts to the sheriff* 
commanding him to summon the persons thus chosen. 
The following cannot be compelled to serve as jurors: 
clergymen, physicians, postmasters, mail carriers, fire- 
men, or those who have served five years as firemen (the 
latter must be twenty-five years old, and they are also 
exempt from poll tax), certain county officers, and all 
persons over sixty years of age. 

The common method of selecting jurors in a justice 
court is for the justice of the peace to make out a list of 
twelve suitable persons; the plaintiff is then permitted 
to strike out three names, the defendant three, and the 
remaining six are summoned. 

How Impaneled. The Code of Criminal Procedure 
(Sections 304 and 306 describes the method as follows : 

"At the opening of the court the clerk must prepare separate bal- 
lots, containing the names of the persons returned as jurors, which 
must be folded as nearly alike as possible, and so that the same 
cannot be seen, and must deposit them in a sufficient box." 

"Before the name of any juror is drawn, the box must be closed 
and shaken, so as to intermingle the ballots therein. The clerk must 
then, without looking at the ballots, draw them from the box." 

Y\ nen a name is drawn, the juror steps forward and 
is examined as to his qualifications to act as a juror in 
the case before the court. He may be objected to on 
certain grounds. The drawing is continued until twelve 
have been accepted. In case the list of those summoned 
is exhausted before twelve jurors have been accepted, ad- 
ditional jurors, called talesmen, are summoned. 



136 THE STATE AND NATION 

MAXIMS OF JURISPRUDENCE. 

When the reason of a rule ceases, so should the rule itself. 

Where the reason is the same, the rule should be the same. 

One must not change his purpose to the injury of another. 

Any one may waive the advantage of a law intended solely for his 
benefit, but a law established for a public reason cannot be contra- 
vened by a private agreement. 

One must so use his own rights as not to infringe upon the rights 
of another. 

He who consents to an act is not wronged by it. 

Acquiescence in error takes away the right of objecting to it. 

No one can take advantage of- his own wrong. 

He who has fraudulently dispossessed himself of a thing may be 
treated as if he still had possession. 

He who can and does not forbid that which is done on his behalf is 
deemed to have bidden it. 

No one should suffer by the act of another. 

He who takes the benefit must bear the burden. 

One who grants a thing is presumed to grant also whatever is es- 
sential to its use. 

For every wrong there is a remedy. 

Between those who are equally in the right, or equally in the wrong, 
the law does not interpose. 

Between rights otherwise equal, the earliest is preferred. 

No man is responsible for that which no man can control. 

The law helps the vigilant before those who sleep on their rights. 

The law respects form less than substance. 

That which ought to have been done is to be regarded as done in 
favor of him to whom, and against him from whom, performance is 
due. 

That which does not appear to exist is to be regarded as if it did 
not exist. 

The law never requires impossibilities. 

The law neither does nor requires idle acts. 

The law disregards trifles. 

Particular expressions qualify those which are general. 

Contemporaneous exposition is in general the best. 

The greater contains the less. 

Superfluity does not vitiate. 

That is certain which can be made certain. 

Time does not confirm a void act. 

The incident follows the principal, not the principal the incident. 

An interpretation which gives effect is preferred to one which 
makes void. 

Interpretation must be reasonable. 

Where one of two innocent persons must suffer by the act of a 
third, he by whose negligence it happened must be the sufferer. 

—Civil Code. 



THE JUDICIAL DEPARTMENT 137 

FIFTH MONTH 

C. Judicial. 

(1) Supreme Court. 

(a) Judges. 

( 1 ) Number. 

(2) How Chosen. 

(3) Qualifications. 

(4) Term. 

( 5 ) Salaries. 

(b) Jurisdiction. 

( 1 ) Appellate. 

(2) Original. 

(c) Officers. 

(1) Clerk. 

( 2 ) Reporters. 

(3) Marshal. 

(4) Librarian. 

( 5 ) Stenographers. 

(2) Circuit Court. 

(a) Number of Circuits. 

(b) Judges. 

(1) How Chosen. 

(2) Qualifications. 

(3) Duties. 

(4) Term. 

(5) Salary. 

(6) In What Circuit Do You Live? 

(7) Who Is Judge of Your Circuit? 

(c) Jurisdiction. 

(1) Appellate. 

(2) Original. 

(d) Officers. 

(1) Clerk. 

( 2 ) Attorneys. 

(3) Sheriff. 

(4) Bailiffs. 

(5) Jurors. 

(a) Grand. 

(b) Petit. 

(3) County Court, 
(a) Judge. 

( 1 ) Elective, 
(b') Jurisdiction. 

(4) Municipal Courts. 

(5) Juvenile Courts. 

(6) Justice Courts. 

(7) Actions. 

(a) Civil. 

(b) Criminal. 

(c) Procedure. 



138 THE STATE AND NATION 





(d) 


Judgments.* 




(e) 


Executions.* 




(f) 


Attachments.* 




(g) 


Quo Warranto.* 




(h) 


Writs. 

( 1 ) Mandamus.* 

(2) Prohibition.* 

(3) Certiorari.* 

(4) Injunction.* 

(5) Habeas Corpus.* 


(8) 


Crimes. 




(a) 


Felonies.* 




(b) 


Misdemeanors.* 


(9) 


Appeals. 


(10) 


Bail 





If convenient the pupils should visit the various courts mentioned 
above. If that is impossible, a mock trial may be staged, after the 
pupils have the work well in hand. Do not miss any chance to bring 
actual conditions before the pupils, then apply what they have learned 
to actual cases. 



* These topics are explained in the Glossary. 










be 

— 



— 
esS 
O 



PART II — THE NATION 

CHAPTER VII 

INTRODUCTION TO PART II 

The Family. From the earliest beginnings of which 
we have positive knowledge some form of government 
has prevailed among people. The smallest more or less 
permanent group is the family. Here, by reason of their 
greater experience and wisdom, the parents are natur- 
ally in authority. In early civilization, as in ancient 
Greece and Rome, the power of the parents was supreme 
even over the lives of their children. They could be put 
to death or sold into slavery. In modern civilization, 
many parental rights are limited by the larger social 
group. The most fundamental training in citizenship is 
usually acquired in the home. The child who has not 
learned the virtue of obedience in the home is likely to 
have grave difficulties to overcome. 

The School. In the school we find a larger group and 
a more complex government. The teacher is said to be 
in loco parentis, "in the place of a parent," having au- 
thority in government equal to that of the parent in the 
home. Here pupils learn to respect the rights of many 
others and to work co-operatively. The community is 
deeply interested in the school, taxes are paid for its 
support, and it is often made a center for neighborhood 
gatherings. It is a good sign of intelligence and prog- 
ress when such gatherings frequently take place for de- 
ll 40 



INTRODUCTION TO PART II 141 

bate, lectures, community singing and social entertain- 
ment. 

Local Government. The various local governments, 
such as the town, township, city, county, etc., adjust 
many of the problems of associated life. The theory 
originally governing the size of the township was that 
it should be of such size that any resident could walk 
from his home to some central location to attend to 
local affairs, vote, etc., and return the same day. The 
county was supposed to be of such size that a resident 
might drive with a team to and from the county seat in 
one day. 

The State. We have learned how the original thirteen 
states started originally as colonies and became indepen- 
dent states, and how other states began as pioneer set- 
tlements, obtained territorial government, and at length 
were admitted to the Union as states. 

Sovereign and Dependent Governments. So far as for- 
eign relations are concerned, the United States alone can 
make war and peace, send representatives to other sover- 
eign powers, such as Great Britain, France and Germany. 
In this sense the United States is a sovereign and inde- 
pendent government. States, territories and possessions 
like the Philippine Islands, are dependent governments. 
Nevertheless, all the various governments within this 
country — national, state, county, city, etc. — are closely 
interdependent, a complex network of political (and so- 
cial, too) unities. In its complexity of "governments" 
this country is unique among the nations of the world. 

Monarchy. There are two forms of government 
among civilized people today — monarchies and repub- 
lics. A monarchy (Gr. monos, alone + archein, to rule) 
is that form of government in which a king or queen is 



142 THE STATE AND NATION 

at the head. In an absolute monarchy the king is not 
restricted by law. In a limited monarchy the king or 
queen has to obey the laws passed by the representatives 
of the people. In such monarchies as Great Britain the 
king has almost no governmental power — not nearly so 
much as the president in a republic — and the people as 
truly rule as in some republics. Indeed, there are few 
republics where the people rule so completely as in Great 
Britain. A monarchy of great extent is sometimes called 
an empire. 

A Republic. A republic is that form of government in 
which representatives of the people make and enforce 
all laws. The chief ruler is called a president. The terms 
republic (Lat. res, affair + publico,, public) and democ- 
racy (Gr. demos, people + kratein, to rule), as we now 
use the words, mean very nearly the same. When we 
speak of a democracy we usually think of the people 
themselves as ruling. The voters of a township and of 
a common school district have meetings and decide upon 
certain matters. Their government to that extent is a 
pure democracy. 

OTHER FORMS OF GOVERNMENT. A number of terms are 
used to indicate forms of government which have prevailed to some 
extent in the past. The original meaning of these words indicates 
the character of the government. Patriarchy (pater, father -f- 
archein, to rule) means rule by a father, as among people in the 
tribal stage. Theocracy {theos, God -j- kratein, to rule), means a 
rule by the immediate direction of God, hence a government by 
priests as representing Deity. Aristocracy {aristos, the best -f- 
kratein, to rule) means a government by a small privileged class. 
Plutocracy (ploutos, wealth + kratein, to rule) means a government 
by the wealthy. Oligarchy (oligos, few -|- archein, to rule) is a 
government in which the power is in the hands of a few people. 

COLONIAL GOVERNMENT. The beginnings of nearly all of the 
elements of our present political institutions are to be found in the 
thirteen original colonies. The people who settled these colonies, and 
their fathers before them, had been practicing some forms of self- 
government for hundreds of years. Each colony had a well defined 
government as follows: 



INTRODUCTION TO PART II 143 

a. CHARTER COLOXIES. These included Connecticut, Massa- 
chusetts, and Rhode Island. These charters were, in reality, con- 
tracts between the groups and the King of England. 

b. PROPRIETARY COLOXIES. In Pennsylvania, Maryland, 
and Delaware some individuals had been given charters by the King. 
These charters vested large governmental powers in the proprietors 
of the colonies. 

c. ROYAL COLOXIES. New Hampshire, New York, New Jersey, 
Virginia. North and South Carolina, and Georgia had no charters but 
were ruled by governors appointed by the King. All of the colonies, 
however, had legislatures which could pass any laws which did not 
conflict with the laws of England. The governors had the veto power 
and the taxes, in the main, were imposed by the people themselves. 
The people of this country have thus from the beginning been fa- 
miliar with constitutions, local self-government, the veto power of 
the executive and the making of laws which are restricted by certain 
limits ( in early days by the charters and the laws of England, now 
the constitutions, and laws of higher governments, as the city coun- 
cil is limited by the laws of the state). 

Constitutions. A constitution is the fundamental law 
of a country. Most of the great nations of today have 
written constitutions, but in some countries, as in Great 
Britain, there is no one great document which prescribes 
the framework of the government and determines its 
principal features. Their constitution is said to be un- 
written as it is to be found in many different conces- 
sions of kings, as the Magna Charta, and in customs and 
precedents. 

Development of Constitutions. The constitutional his- 
tory of any nation shows a great many changes in its 
fundamental laws and methods of government. In many 
countries the price of modern liberties has been war and 
bloodshed. Magna Charta, the "great charter" of the 
English constitution, was obtained from King John at the 
battle of Runnymede in 1215, and history is filled with 
similar struggles. Often the greatest of constitutional 
changes have been brought about by peaceful means. In 
1787-9 the people of the United States, disregarding the 
provisions of the Articles of Confederation as to a change 



144 THE STATE AND NATION 

in government, laid aside that constitution and adopted a 
splendid one which has proved to be admirably adapted 
to our needs. 

A constitution, even though it be written, is subject 
to change. One method of changing it is by amendment. 
Another is by court decisions which interpret the con- 
stitution. At one time the supreme court has interpreted 
a provision of our federal constitution in one way and 
later the supreme court has interpreted the same provi- 
sion in exactly the opposite way.* Customs may also 
be developed which are practically as binding as the con- 
stitution itself. While we have not changed the method 
of electing a President, as planned by the members of 
the constitutional convention of 1787 (save for the 
change in form adopted in 1804, amendment XII), we 
have completely changed the theory underlying it. The 
constitution provides that the President shall be chosen 
by a small group of electors, but in reality the people 
do the choosing of President, the presidential electors 
never doing more than to register the will of the people 
who elected them. Then, too, such matters as the cus- 
tom of electing a President no more than twice have 
almost the same force as though they were provided in 
the constitution. 

Interpretation of the Constitution. We shall note in 
Chapter VIII how differences arose in the interpretation 
of the constitution. By a strict construction of the con- 
stitution is meant a close limitation of governmental 
powers to those specified in the constitution. When the 
question of the purchase of Louisiana from France was 
raised, someone said : "The constitution gives congress 
no such power, and it cannot legally be done." This was 



* See Hinsdale's "The American Government," section 346. 





U. S. Capitol. 



State Capitol. 



LEGISLATIVE DEPARTMENT. 



United States. 

Congress meets once a year at 
Washington. D. C, and rnak?s 
laws for the nation. 

Consists of two bodies of men, 
a senate and a house of repre- 
sentatives. 

The federal senate is made up 
up two senators from each state, 
chosen by vote of the people. 
Term six years. 

The presiding officer is the Vice 
President of the United States. 

The federal house of represent- 
atives is made up of representa- 
tives elected by the different 
states : the number from a state 
depends upon its population. Term 
two years. 



The presiding officer is called 
the speaker. 



South Dakota. 

Legislature meets once every 
two years at Pierre and makes 
laws for the state. 

Consists of two bodies of men, 
a senate and a house of repre- 
sentatives. 

The state senate is made up 
of senators elected by the voters 
of districts made up of one or 
more counties. Term two years. 

The presiding officer is ' the 
Lieutenant-Governor of the state. 

The state house of representa- 
tives is made up of representa- 
tives elected by the voters of dis- 
tricts consisting of one or inore 
counties. The number from any 
district depends upon its popula- 
tion. Term two years. 

The presiding officer is called 
the speaker. 

EXECUTIVE DEPARTMENT. 



President of the United States. 
the chief executive officer. Elected 
for four years. 

Many other federal officers to 
enforce federal laws. 

Vice-President of the United 
States, fills vacancy in office of 
President. 

Is president of the U. S. senate. 



Governor uf South Dakota, the 
chief executive officer. Elected 
for two years. 

Many other state officers to en- 
force state laws. 

Lieutenant-Governor of South 
Dakota, fills vacancy in office of 
Governor. 

Is president of the state senate. 



JUDICIAL DEPARTMENT. 



United States Courts, with 
Judges and other officers to decide 
whether a federal law has been 
violated or applies in a given case. 
Judges appointed by President. 

United States Supreme Court. 
Nine judges, meet at Washing- 
ton. Circuit court of appeals 
relieves supreme court of many 
Appointed for life. 

United States District Courts. 
At least one for each state. One 
lodge in each district, appointed 
for life. 

i r. s. has no court correspond- 
ing to this. Court commissioner 
is nearest like it. 

10 



State Courts, with judges and 
other officers to decide whether a 
staie law has been violated or 
applies in a given case. 

Judges elected. 

South Dakota Supreme Court. 
Five judges, meet at Pierre. 
Elected lor six years. 

State Circuit Courts. Twelve 
in South Dakota. One judge in 
each circuit. Elected for four 
years. 

Justices of the Peace. Two 
1 for two years by each 
city, township and town in the 
state. 



145 



146 THE STATE AND NATION 

a strict construction or interpretation of the constitution. 
Others interpreted the constitution as granting the fed- 
eral government all sovereign powers possessed by other 
nations and said that the purchase could be made. This 
was a "loose", "broad", or "elastic" construction of the 
constitution. The supreme court of the United States has 
usually given a loose construction to the constitution. 

State Rights. According to this theory, each state as 
sovereign had entered the Union voluntarily and could 
annul any act of Congress so far as it applied to that 
state, and further, could secede, or withdraw from the 
Union, if it desired. This theory in its extreme form 
was held by many until after the Civil War, which set- 
tled once for all the fact that this is an indivisible Union 
and that the nation only is sovereign. "Liberty and Un- 
ion, one and inseparable, now and forever." This noble 
sentiment was expressed in 1830 by Daniel Webster in 
his famous reply to Senator Hayne of North Carolina 
who favored "state rights," "nullification," and who 
threatened "secession." All have come to accept this as 
a fundamental conception of the unity of our nation. 

Comparison of State and National Constitutions. It is 
very important that the student clearly distinguish be- 
tween the two great governmental units under which we 
live — the state and the nation. The outline of the main 
features of these governments in parallel columns should 
be thoroughly mastered.* 

Form of State Government. The state governments 
are, in the main, modeled after the form of the national 



* Study these so thoroughly that when a topic is read from one 
column you can repeat the corresponding one from the other column. 
Practice doing this by covering up one side, reading the other, and 
seeing whether you can repeat the column covered up. Do not fail to 
master this portion. 



INTRODUCTION TO PART II 147 

or federal government, as the parallel columns show. 
The federal constitution guarantees a republican form of 
government. 

A Republic Within a Republic. The United States is 
a republic because the government is carried on by offi- 
cers chosen by the people. For the same reason South 
Dakota is a republic, and we have already noticed that 
the name "Dakota" has the beautiful meaning, "A Re- 
public of Friends." Thus each state of our Union is a 
republic within a republic, each with its own laws, pow- 
ers and duties. 

Division of Powers. All governmental powers are ex- 
ercised either by the state or by the nation. The division 
of the powers of government in Canada is on the oppo- 
site plan from ours. The constitution of that country 
(called 'The British North America Act of 1867") pro- 
vides that certain named powers are given to the states 
(called provinces), and all other powers shall belong to 
the federal government (called the Dominion). Now, our 
federal constitution provides that the national govern- 
ment shall have certain named powers and all others shall 
belong to the states. Following are some of the powers 
exercised by the national government which the states 
do not have : 

Exclusive National Powers. The national government 
has power to coin money and punish counterfeiting; to 
make war and peace and control the army and navy; to 
make treaties with foreign nations; to regulate com- 
merce with foreign nations, with Indians, and between 
states; to settle disputes between the states or between 
citizens of different states; to punish crimes on the high 
seas; to admit new states into the Union and to govern 
all territories and possessions of the United States, and 



148 THE STATE AND NATION 

the District of Columbia; to regulate the election of 
President and members of Congress ; to provide how 
foreigners may become citizens; to provide bankruptcy 
laws; to provide for the mail service. 

State Powers. Among the many governmental pow- 
ers carried on by a state, over which the nation has little 
or no direct control, may be named the following: The 
punishment of people within the state who violate state 
laws ; the regulation of commerce which is wholly within 
the state ; to decide who may vote ; to carry on a system 
of public schools; to regulate contracts, marriage and 
divorce; to conduct all elections of local, state, and fed- 
eral officers; to care for insane and other defectives; to 
regulate the practice of medicine, dentistry, etc. ; to regu- 
late insurance; to regulate deeds, mortgages, and sales 
of land and other property; to protect life and property. 
There are a great many other affairs which are left al- 
most entirely to the states to control and adjust. 

Concurrent Powers. There are many powers in which 
both the federal government and the state government 
have a share. Both may tax people, industries and prop- 
erty; both may encourage agriculture, manufacturing, 
education and other activities ; both may provide for the 
public health, good roads, drainage, irrigation, and a 
great many other public undertakings. We have national 
banking laws regulating national banks and state bank- 
ing laws regulating state banks. 

Nation Supreme. The constitution of the United States 
denies some powers to both the federal and state gov- 
ernments. (See Article I, Sections 9 and 10.) These we 
shall study later. It is well to remember that while these 
two governments apply to each person, and each gov- 
ernment has practically nothing to do with the other, 



INTRODUCTION TO PART II 149 

the federal government is always supreme, and in case 
of conflict or disagreement of laws the state must give 
way to the nation. 

"All political power is inherent in the people, and all free 
government is founded on their authority and is instituted for 
their equal protection and benefit, and they have the right in 
lawful and constituted methods to alter or reform their forms 
of government in such manner as they may think proper. 
AND THE STATE OF SOUTH DAKOTA IS AN INSEPA- 
RABLE PART OF THE AMERICAN UNION, AND THE 
CONSTITUTION OF THE UNITED STATES IS THE SU- 
PREME LA 1 IY OF THE LAND."— Constitution of South 
Dakota. 

Rights. Civil rights are those which one possesses 
which do "not involve participation in the establishment, 
support, or management of the government — distin- 
guished from political rights." Nearly all of the rights 
named in the "bill of rights" in our state constitution 
(see Article VI) are civil rights. The right to. own prop- 
erty is a civil right ; the right to vote or hold office is 
a political right. It is not necessary to make fine dis- 
tinctions in classifying "rights." Religious rights, "to 
worship God according to the dictates of conscience," 
are guaranteed by the constitution of the state and the 
nation. These rights, of course, are limited to what is 
considered moral and decent. Natural rights are such as 
belong to a person as a human being, such as the right 
to "life, liberty, and the pursuit of happiness." It should 
be remembered that one person's rights are bounded by the 
rights of others. 

Statute Law. This is -any law passed by a legislative 
body. The bill published in Chapter IV, providing free 
tuition for the eighth grade graduates was passed by 
the legislature and approved by the governor. It is 
therefore a statute law. 



150 THE STATE AND NATION 

Common Law. There are many practices which the 
courts recognize as legal though there may be no statute 
law covering the subject. A great many long-established 
customs which have been recognized by the courts of 
England are known as the English common law. The 
English colonists here continued to practice these cus- 
toms, just as they continued to speak the English lan- 
guage, and we still have the former for the same reason 
that we have the latter. (See Glossary.) 

Citizenship. "All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the state wherein 
they reside" (Article XIV). Any child born in the 
United States, whether his parents are citizens or not, 
is a citizen of the United States. If his parents are citi- 
zens, but are temporarily living in a foreign country at 
the time of his birth, he is also classed as a "natural born 
citizen of the United States." A foreigner who is living 
in a country of which he is not a citizen is called an 
alien. The process whereby an alien becomes a citizen 
is called naturalization. This is discussed in Chapter X. 

GENERAL DEFINITIONS AND DIVISIONS* 

1. This act shall be known as the civil code of South Dakota. 

2. Law is a rule of property and conduct prescribed by the sov- 
ereign power. 

3. The will of the sovereign power is expressed: 

a. By the constitution of the state. 

b. By statutes enacted by the legislature. 

c. By the ordinances of other and subordinate legislative bodies. 

4. The common law is divided into: 

a. Public law, or the law of nations. 

b. Domestic or municipal law. 

5. The evidence of the common law is found in the decisions of 
the tribunals. 

6. In this state the common law is in force except where it con 
flicts with the codes or the constitution. 



•This outline is taken directly from the civil code of South 
Dakota. 



INTRODUCTION TO PART II 151 

7. All original civil rights are either: 

a. Rights of person; or 

b. Rights of property. 

8. Rights of property and of person may be waived, surrend- 
ered, or lost by neglect, in the cases provided by law. 

9. This code has four general divisions: 

a. The first relates to persons. 

b. The second to property. 

c. The third to obligations. 

d. The fourth contains general provisions relating to persons, 
property and obligations. 

SIXTH MONTH 

THE NATIONAL GOVERNMENT. 

1. Government. 

(a) Purpose and necessity. 

(b) In the Home. 

(c) In the School. 

(d) In the District. 

(e) In the Township. 

(f) In the town or city. 

(g) In the County, 
(h) In the State, 
(i) In the Nation. 

2. Kinds of Government. 

A. Sovereign. 

(1) Minimum. 

( a ) Monarchy. 

(1) Absolute. 

(2) Limited. 

(b) Democracy. 

(c) Republic. 

(2) Supplementary. 

(a) Patriarchy. 

(b) Theocracy. 

(c) Aristocracy. 

(1) Plutocracy. 

(2) Oligarchy. 

B. Dependent. 

(1) State. 

(2) Territorial. 

(3) Colonial. 

(a) Charter. 

(b) Proprietary. 

(c) Royal. 

(d) Modern. 



152 THE STATE AND NATION 

3. Constitutions. 

A. Define. 

B. Kinds. 

( 1 ) Unwritten. 

(2) Written 

C. Development. 

D. Interpretation. 

(1) Strict or close construction. 

(2) Liberal or Loose. 

(3) State's rights. 

(4) Court Constructions. 

(5) Contrast between National and State Constitutions. 

E. Form of State Government. 

4. Rights. 





(a) 


Civil. 






(b) 


Religious. 






(c) 


Natural. 




5 Laws. 








(a) 


Supreme. 






(b) 


Common. 






(c) 


Statute. 




6. 


Citizenship (see also 


p. 194). 




(a) 


Natural born. 






(b) 


Naturalized. 






(c) 


Process of naturalization. 






(1) First or 


Intention papers. 






(a) Oath 


of Intention. 






(2) Second or 


Final Tapers. 




(d) 


Forfeiture. 





CHAPTER VIII 

HISTORY OF THE CONSTITUTION 
CONGRESS 

Colonial Life. We have already noted the fact that 
the people who founded the thirteen colonies were fa- 
miliar with the government of the town and county, with 
elections and other processes of self-government. They 
were accustomed to taxing themselves to carry on pub- 
lic affairs. 

The sturdy independence of the early colonists and their insistence 
upon their rights to self government is illustrated in the following 
incident. The colony of Massachusetts Bay was started in 1629 
with a few Puritan settlers at Charlestown, near Boston. A thousand 
settlers came over in 1630 and settled in little towns not far from 
there. The next year the Indians were threatening danger and the 
Board of Assistants, appointed by the Company which established 
the colony, levied a tax of about $300 on the settlements for fortifi- 
cations and protection from the Indians. The town of Watertown 
flatly refused to pay this tax on the ground that "English freemen 
cannot be taxed save by their own consent." The dangers from the 
Indians seemed of less consequence than the dangers of an encroach 
on their liberties! 

Marked Differences. In your study you have doubt- 
less noticed that there gradually developed a marked dif- 
ference between the institutions of the South from those 
of the North. The township, or small unit of govern- 
ment, became the most important in New England, and 
is to this day. In the Southern states the county be- 
came the most important. These are only incidental dif- 
ferences which grew out of the differences in geography, 
occupation, the use of slaves, etc. The land in New Eng- 

153 



154 THE STATE AND NATION 

land being hilly and rocky and the people coming over 
in little groups of church people, led, in many cases, by 
their pastor, had much to do with the adoption of a small 
unit of government there. The raising of cotton and 
tobacco made the employment of slaves more profitable 
in the South than in the North. Large plantations were 
established, and the wide and deep rivers made natural 
highways. There were many other differences among the 
people of the different colonies, and local or state patriot- 
ism developed. National patriotism was of slow growth. 

Common Interests. The French and Indian wars com- 
pelled the colonies to unite to some extent and made the 
people of the different colonies better acquainted with 
each other. The fact that the colonial troops in these 
wars often proved to be better soldiers than the royal 
soldiers sent from England stimulated some national 
pride. Following the French and Indian War of 1755- 
63, the grievances of the colonies against the mother 
country were greatly multiplied. There had been many 
troubles over charters, governors, trade discriminations, 
laws preventing manufactures, etc., but now there were 
many added ones. At length came the Revolutionary 
War. The principal fact we want to notice here is that 
these troubles with Great Britain tended to unite the colo- 
nies) they may all be counted as steps in the formation 
of the Union. 

Birth of the Republic. The date of the birth of this 
nation is usually considered to be July 4, 1776. The 
Declaration of Independence committed the people of 
the thirteen colonies to an independent national exist- 
ence. During the war of the Revolution the colonies 
became independent states, and a central government 



HISTORY OF THE CONSTITUTION 155 

was established at Philadelphia. The congresses which 
met there were at first revolutionary bodies, having no 
recognized legal rights. It was the stress of war and 
necessity that gave sanction to the authority exercised. 

The Articles of Confederation. In 1777, congress 
adopted the "Articles of Confederation and Perpetual 
Union between the States" as a constitution for the gov- 
ernment of the nation. This was ratified by the states. 
It provided for a congress consisting of a body of dele- 
gates from the different states. In deciding all matters in 
congress each state had one vote. There was no separate 
organization of executive and judicial departments. 

WEAKNESSES. Even before the close of the Revolution it was 
apparent that the federal government under the Articles of Con- 
federation was too weak. Congress was not given sufficient author- 
ity. Then, too, congress had to deal with states rather than with 
individuals. It is hard to compel a state to obey a decree, but an 
individual can easily be coerced. Thus, states were asked by con- 
gress to pay certain taxes, and when some refused to do so it was 
impossible for congress to raise the money. There were other serious 
defects, notably the lack of power by the federal government to 
regulate money and commerce. Innumerable petty troubles and sev- 
eral serious differences arose between states in these matters. 

Attempts to Amend. The people and the continental 
congress were fully aware of the many weaknesses of 
the articles of confederation. Congress made several 
attempts to secure amendments empowering congress to 
regulate foreign commerce, collect duties on imported 
goods and to collect more taxes. To amend the articles 
of confederation the consent of every state was neces- 
sary, a most serious defect. It was impossible to secure 
the consent of every state to the proposed amendments 
so they all failed. We will now note the attempts to 
remodel the Articles of Confederation, resulting in a 
completely new constitution. 



156 THE STATE AND NATION 

The Alexandria Conference, In 1785 delegates ap- 
pointed by the legislatures of Virginia and Maryland met 
at Alexandria, Virginia, to draw up a plan to settle 
troubles arising between the two states relative to com- 
merce on Chesapeake Bay. George Washington invited 
the delegates to come to his beautiful Mt. Vernon home, 
near by, for dinner. Here the discussion of the troubles 
that brought the delegates together led to suggestions as 
to agreements concerning commerce and uniform money 
for other states as well. The legislature of Virginia, 
after receiving the report of the delegates to Alexandria, 
appointed delegates to meet those appointed by "any 
other states" to consider these larger propositions. 

The Annapolis Convention. In 1786 delegates from 
several states met at Annapolis. The convention adopted 
a resolution prepared by Alexander Hamilton of New 
York recommending that a general convention of dele- 
gates from all of the states be held to propose plans for 
strengthening the general government. This report was 
sent to each state and to congress. 

The Philadelphia Convention. In 1787 delegates rep- 
resenting each of the thirteen states excepting Rhode 
Island met at Philadelphia and drew up our federal 
constitution. This was not accomplished, however, with- 
out a great deal of debate. Three great compromises 
were brought about before the constitution was finally 
accepted by the delegates and submitted to Congress and 
to the states. 

The Connecticut Compromise. Virginia proposed a 
plan of government with a congress composed of repre- 
sentatives from the states according to population. It 
was to consist of two bodies, one chosen by the people 



HISTORY OF THE CONSTITUTION 15? 

and the other by the state legislatures. The latter body 
was to choose a judicial department and both bodies com- 
bined were to choose an executive department. New 
Jersey proposed a plan whereby a congress of one body 
should be made up of an equal number of representatives 
from each state. This congress would appoint an execu- 
tive department and the executive department would 
appoint a judicial department. The large states favored 
the Virginia plan, as it would give them more represen- 
tatives in congress than the smaller states. The small 
states favored the New Jersey plan, as it gave them 
equal representation. After a heated discussion the. 
Connecticut plan was adopted as a compromise. That 
state had, and still has, a legislature consisting of two 
bodies, one having representation from towns according 
to population and another having equal representation 
from each town. It was proposed that congress consist 
of two bodies, a house of representatives made up of rep- 
resentatives from the states according to population and 
a senate having two senators from each state. This plan 
was adopted. 

The Three-fifths Compromise, Immediately the ques- 
tion arose as to whether slaves should be counted in the 
population of the states in determining the number of 
representatives. The states having slaves wanted them 
counted, as this would give them more representatives. 
The other states objected. At length a compromise was 
adopted whereby a slave was to be counted as three- 
fifths of a person in deciding the population on which 
should be determined the number of representatives and 
the amount of direct taxes. 

Slave Importation Compromise. Some time before 
1787 a strong sentiment existed against the importation 



158 THE STATE AND NATION 

of more slaves. By this time nearly all that were im- 
ported came to Georgia and the Carolinas, where there 
were big establishments for "breaking in" the wild 
negroes brought from Africa. The delegates from these 
states objected to giving power to congress to regulate 
commerce, because congress would undoubtedly at once 
prohibit the importation of slaves if it had the power. 
At length it was decided that congress should have power 
over foreign and interstate commerce, but could not pro- 
hibit the importation of slaves until 1808 (see Article I, 
section 9, clause 1, of the constitution). 

The Constitution Submitted. The constitution framed 
by the Philadelphia convention of 1787 was submitted to 
the several states for their ratification. When nine 
states approved it the constitution was to go into effect 
among those so approving it. 

Bill of Rights. When the states were considering the 
adoption of the proposed constitution much criticism 
was made because it did not contain a "bill of rights".* 
Most of the constitutions of the states contained a state- 
ment of rights belonging to the people. These were 
taken largely from great English charters. Some of the 
states hesitated to ratify the constitution until such a 
bill of rights was included. It was decided, however, to 
ratify the constitution as it was and then proceed to 
amend it by adding a bill of rights. This was accord- 
ingly done. 

The Constitution Adopted. In 1788 the constitution 
framed by the Philadelphia convention of 1787 was 
adopted by eleven of the states and it went into effect in 

* A splendid example of a bill of rights is the one in our state constitu- 
tion, Article VI. (See p. 228). 

Article V of the constitution provides that amendments may be proposed 
by a convention if two-thirds of the states demand it. Proposed amendments • 
are ratified by the state legislatures or by state conventions, as congress may 
direct. All amendments so far have been proposed by congress and ratified 
by the state legislatures. 



HISTORY OF THE CONSTITUTION 159 

1789. North Carolina ratified it November 21, 1789, 
and Rhode Island in 1790. It is this constitution and the 
great complex federal government that has grown up in 
connection with the way it has been interpreted that we 
are now to study. The constitution itself should be 
studied over and over as we proceed. 

To Amend the Constitution. When the very first 
congress met, in 1789, by a two-thirds vote a bill of 
rights was proposed as amendments to the constitution. 
Within two years these were ratified by three-fourths or 
more of the states and became a part of the constitution 
as the first ten amendments. (These should be studied 
carefully.) Since then seven other amendments have 
been adopted in the same way — proposed by a two-thirds 
vote of congress and ratified by three-fourths of the 
states. 

Preamble. The following preamble, or, perhaps more 
correctly speaking, enacting clause, of the constitution 
should be committed by every student. 

"We, the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America." 

Three Departments of the National Government. The 

federal government has a written constitution, which 
provides for (1) a lawmaking body, congress, (2) a 
President and other officers to enforce its laws, and (3) 
federal courts to try cases involving the constitution and 
laws of the United States and cases between states or 
citizens of different states. These are called the three 
departments of government:' (1) legislative, or law- 
making; (2) executive, or law-enforcing; and (3) judi- 
cial, or law-applying. Any government must have these 



160 THE STATE AND NATION 

three departments, though in some kingdoms the same 
officers may exercise powers in all of them. 

Congress 

Congress. "All legislative powers herein granted 
shall be vested in a congress of the United States, which 
shall consist of a Senate and House of Representatives." 
Congress meets in the national capitol building in Wash- 
ington, District of Columbia, the Capital of the United 
States. 

Sessions of Congress. Each congress has two regular 
sessions and has special sessions if called by the Presi- 
dent of the United States. Since regular sessions begin 
the first Monday of December, the last one must be a 
short session because it must end March 4. 

Sessions of the Sixty-fourth Congress: 
Term began March 4, 1915; end March 4, 1917. 
Long session, December 6, 1915, to fall of 1916. 
Short session, December 4, 1916, to March 4, 1917. 

CONTESTS. Each house is the judge as to who were elected to 
membership and in case of a contest the question is decided by a 
vote of the house in which the contest occurs. In November of an 
even numbered year a person is elected congressman. His term 
begins on the fourth* of March following his election. He files his 
certificate of election and then is entitled to his pay. Unless a 
special session of congress is called he does not report at Washing- 
ton for duty until the first Monday in December, — over a year after 
his election. He then takes his oath of office. Not until then is it 
possible to institute a contest and sometimes a contest lasts until 
near the close of the short session, that is, near to the fourth of 
March in the next odd numbered year after his election. The con- 
test may then be decided in favor of the contestant, who is at once 
given the seat and full pay, even though the seat has already been 
occupied during the term and the salary paid the other person. 

Bills. A bill is a proposed law. Bills are framed, 
introduced, referred to committees, given three readings, 
voted upon, approved or vetoed (by the President), 



* Since 1853 this is considered to begin at twelve o'clock noon. The 
acts of congress in the forenoon of the fourth of March are dated the third. 



HISTORY OF THE CONSTITUTION 161 

etc., on very much the same plan as in the state legis- 
lature. 

Records. As in the state legislature, each house keeps 
a complete record of its proceedings. Most of these 
proceedings are published daily in the "Congressional 
Record." 

Voting. The methods of voting in either house are 
as follows : 

a. Ayes and Noes. This is by acclamation or viva 
voce ("by the living voice"). 

b. Rising. Members rise, and are counted, first those 
for the proposition and then those against it. 

c. Division. The members pass between tellers and 
are counted. 

d. Yeas and Nays. This is by roll call and the vote 
of each member is recorded. One fifth of those present 
may demand roll call. 

e. Ballot. Only when the election of a President or 
Vice President is referred to the house or senate (as in 
case of a tie vote or no one receiving a majority of the 
electoral votes) the choice is made by ballot. This has 
happened only in the presidential elections of 1800, 1824, 
and 1876. 

PAIRING. Two members who are on opposite sides of a matter 
which is to be voted upon may "pair" and agree that if one is absent 
when a vote is taken the other will not vote. Sometimes members 
are paired for a single vote and sometimes for an indefinite number. 
Thus a Republican may pair with a Democrat, each agreeing not to 
vote on any partisan question if the other should happen to be absent 
when the vote is taken. Pairs are usually announced and recorded 
so that there may be no misunderstanding. 

The House of Representatives. Congress consists of 
two bodies, the house of representatives and the senate. 
The house of representatives consists of members chosen 



162 THE STATE AND NATION 

by the people of the several states for a term of two 
years. The number from a state depends upon the pop- 
ulation. To be a representative one must be at least 
twenty-five years old, a citizen of the United States at 
least seven years and an inhabitant of the state in which 
he is chosen. Vacancies are filled by special elections. 

Apportionment of Representatives. After each federal 
census congress must decide how many representatives 
there shall be and how many from each state. After the 
census of 1910 congress fixed the number of represent- 
atives at 435. 

Organization. At the first meeting of the house of 
representatives after an election it is called to order by 
the clerk of the former session. The clerk presides until 
the speaker (see page 90) is elected. The speaker is 
usually sworn into office by the representative longest in 
service in the house.* The speaker then administers the 
oath to the other members as they present themselves 
by states. Seats are drawn by lot, though members long- 
est in service are given preferences. 

Other officers are chosen, such as sergeant-at-arms, 
chaplain, clerk, postmaster, doorkeeper, etc. Committees 
are appointed, and other procedure is along the same 
general line as in the state legislature. 

Quorum, Rules, Journal. Provisions are made for a 
quorum, rules for procedure, and a journal of proceed- 
ings similar to those in the state legislature. 

There is one marked difference to be noted in the matter of a 
quorum. In either house of congress or of the state legislature a 
bill may pass by receiving a majority vote of the quorum that Is 
present. One more than one-half of the members might be present. 

* See Peterman's "Elements of Civil Government." p. 123; also Thorpe's 
"The Government of the Nation," p. 67; also Bryce's "The American 
Commonwealth," p. 130, footnote 3. 



HISTORY OF THE CONSTITUTION 163 

The bill would pass if one more than one-half of these were in 
favor of it. In the legislature of South Dakota a bill must receive 
favorable votes of a majority of all of the members of the house. 

Powers. The house joins with the senate in passing 
laws. It chooses its own officers, as we have seen, and 
adopts rules, punishes members by a two-thirds vote, etc. 
All bills for raising revenue must originate in the house.* 
Finally, the house of representatives has sole power of 
impeachment. This is a formal accusation against a civil 
officer of the United States, charging him with wrong- 
doing and causing him to be tried by the senate. 

The following persons have been impeached (accused) by the house 
of representatives and tried by the senate: 

John Pickering, U. S". Judge, found guilty, removed from office. 

Samuel Chase, U. S. Judge, acquitted. 

James Peck, U. S. Judge, acquitted. 

W. W. Humphreys, U. S. Judge, found guilty, removed from office. 

Andrew Johnson, President, acquitted. 

W. W. Belknap, Secretary of War, acquitted. 

Charles Swayne, U. S. Judge, acquitted. 

Robert W. Archbald, U. S. Judge, found guilty, removed from office. 

William Blount, a senator from Tennessee, was also impeached 
by the house of representatives, but the senate refused to try him 
on the grounds that a senator or representative is not subject to 
impeachment. 

It is interesting to note that impeachment in England, where it 
originated in 1376, may be applied to any person excepting the king 
and any kind of punishment may be inflicted. In theory, "the king 
can do no wrong." His ministers are held responsible for all gov- 
ernmental acts. 

DEBATE I~S r THE HOUSE. The large number of representatives 
makes it necessary to limit debate in a number of ways. Before a 
debate on a bill begins the Speaker and the chairman of the com- 
mittee having the bill in charge arrange the list of speakers for 
and against it. The chairman of the committee usually leads in 
the debate and closes it, yielding portions of his time to other 
members in favor of the bill. The time assigned to those opposed 
to the bill is usually given to the leader of the minority party, whc 
yields to those who have arranged to be heard in opposition. In the 
committee of the whole (see p. 92) speeches are limited to* five 
minutes on each question. In the senate, debate is unlimited, and 
any Benator who may "get the floor" may keep it indefinitely. 

* In the South Dakota legislature any bill may originate in either the 
house of representatives or the senate. 



164 



THE STATE AND NATION 




CONGRESSIONAL DISTRICTS. Until 1913 South Dakota had 
two representatives in congress and these were elected "at large," 
that is, from any portion of the state. There are now three rep- 
resentatives apportioned to this state and they are elected from the 
three congressional districts. 

The United States Senate. The United States senate 
is composed of two senators from each state, elected for 
a term of six years. Formerly they were chosen by the 
legislature, but after the adoption of the seventeenth 
amendment to the constitution of the United States in 
1913 they have been elected by popular vote. Vacancies 
may be filled by special elections. To be a senator one 
must be thirty years of age, nine years a citizen of the 
United States, and a resident of the state in which he is 
chosen. The Vice-President of the United States is pres- 
ident of the senate, but he has no vote in the senate, ex- 
cepting in case of a tie. 

Organization. At the beginning of each new congress 
the Vice-President presides and administers the oath of 
office to the senators. The senate elects a president pro 
tempore ("for the time"), who presides when the Vice- 
President is absent, a secretary, a chaplain, and other 
officers. The usual committees are appointed and bills 
are passed, much as in the house of representatives* 



HISTORY OF THE CONSTITUTION 165 

Powers. The senate has the usual powers of a legis- 
lative body, and in addition has three exclusive powers : 
(a) The senate tries all cases of impeachment. President 
Johnson was impeached (accused and summoned to trial) 
by the house of representatives and was tried by the sen- 
ate. He was found not guilty. A two-thirds vote is nec- 
essary to convict. When the President is tried the chief 
justice of the supreme court presides. Judgment in cases 
of conviction shall not extend farther than to removal 
from office and disqualification to hold a federal office. 
If an officer of the United States is impeached by the 
house of representatives and tried and convicted by the 
senate he is still liable to arrest and trial according to law. 

(b) All treaties with foreign countries must be ap- 
proved by the senate by a two-thirds vote before they 
are in effect. 

(c) Most of the important appointments made by the 
President must be approved by the senate. 

Executive Session. When the senate is considering a 
treaty with a foreign country, or the advisability of ap- 
proving the appointment of a person to an important 
office, or other matters that are under discussion which 
the senate does not care to have made public, a secret, 
or executive session is held. 

Compensation. The salary of a member of congress is 
determined by law. At present it is $7,500 per year and 
mileage of twenty cents. 

Privileges. Senators and representatives are, in all 
cases except treason, felony and breach of the peace, 
privileged from arrest during their attendance at ses- 
sions and in going to and returning from them. For any 
speech or debate in either house they shall not be ques- 
tioned in any other place. 



166 THE STATE AND NATION 

Treason is defined in the constitution as levying war against the 
United States or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the tes- 
timony of two witnesses to the same overt act, or on confession in 
open court. Felony is a crime punishable by death or penitentiary 
imprisonment. A lesser crime is called a misdemeanor. 

Pocket Veto. The process of passing a law by con- 
gress is very similar to the methods which we studied 
in Chapter IV for the state. The President, however, 
has a veto power which the governor of South Dakota 
does not possess. If congress sends a bill to the Presi- 
dent and adjourns within ten days, so he cannot return 
it, he has an absolute veto. By letting it lie without, 
action, it does not become a law. This voiding a bill 
which is presented to the President within the last ten 
days of the session by his neither signing it nor return- 
ing it with his objections, is called a "pocket" or "silent" 
veto. In South Dakota, to veto a bill the governor must 
return it with his objections to the house which orig- 
inated it, or, if the legislature has adjourned, to the sec- 
retary of state. Thus he cannot silently veto any bill. 

Powers of Congress. Congress is given certain speci- 
fied powers by the constitution.* Perhaps the most fund- 
amental power of any government is the right to tax. 
Congress is given wide power in this regard. As we 
have already noticed (page 155), congress can deal di- 
rectly with the individual or corporation in collecting 
funds with which to carry on the government. Perhaps 
the principal troubles between the states which led to the 
adoption of the constitution were those pertaining to 
foreign and interstate commerce. These difficulties at 
once disappeared when congress was given power to 
regulate this kind of commerce. Congress has power to 



* These are given in sectiom 8 of article I and are discussed in 
Chapter X. 



HISTORY OF THE CONSTITUTION 167 

declare war and to raise armies and navies. There are 
powers exercised by congress which are not specially 
mentioned in the constitution. These are called its im- 
plied powers (see page 199). There are a number of 
restrictions placed upon congress. No export tax may 
be levied, no title of nobility may be granted, no bill of 
attainder or ex post facto law shall be passed, etc. (See 
pages 97, 255.) 

Congress and Legislature. There are a great many 
points of similarity * between the procedure in congress 
and in the state legislature. Each body is bicameral 
("two-chambered"), the officers of the state senate corre- 
spond closely with the officers of the United States sen- 
ate. A similar statement may be made concerning the 
state and federal houses of representatives; the method 
of passing laws is very similar, etc. 

SEVENTH MONTH 

7. Formation of the Nation. 

(a) Colonial Life. 

(b) Common Interests. 

(c) Articles of Confederation. 

( 1 ) Weaknesses. 

(2) Attempts to remodel. 

(d) Constitution. 

(1) Various Conventions. 

(2) Final adoption. 

(3) Preamble. 

(4) Bill of Rights. 

(5) Amended-How. 

(6) Departments of Government. 

(a) Legislative. 

(b) Executive. 

(c) Judicial. 

8. Congress. 

A. Time and place of meeting. 

B. Composition. 

(1) House. 

(2) Senate. 



* This is a good place for a thorough review of the procedure in the 
state legislature making comparisons with congress. 



168 THE STATE AND NATION 

C. Sessions. 

( 1 ) Regular. 

(a) Long. 

(b) Short. 

(2) Special. 

D. Bills. 

( 1 ) Definition. 

( 2 ) Introduction. 

(3) Consideration by Committees. 

(4) Readings. 

(5) Passage or veto. 

E. Records. 

F. Voting. 

G. House of Representatives. 

( 1 ) Membership. 

(a) How determined. 

(2) Organization. 

( 3 ) Quorum. 

(4) Powers. 

(5) Work of Committee. 

(6) Seating of Members. 

(7) Members from South Dakota. 

(a) How many? 

(b) Who are they? (See p. 215.) 

(c) What district does each represent? 

(d) How long may they serve? 

(e) How is the number of representatives from a 
state determined? 

(f) Salary. 
H. Senate. 

( 1 ) Membership. 

(2) Officers. 

( 3 ) Powers. 

(4) Executive session. 

(5) Committees. 

(6) Committees of the Avhole. 

(7) Members from South Dakota. (See p. 215.) 

(a) Number. 

(b) Name them. 

(c) Represent the entire state. 

(d) Term of Office. 

(e) Salary. 

I. Powers of Congress. (See also pp. 253, 254.) 

( 1 ) Financial. 

(2) Commercial. 

(3) Military. 

(4) Implied. 

( 5 ) Restrictions. 

J. Compare Congress of the United States with State Leg- 
islature, 



CHAPTER IX 



THE FEDERAL EXECUTIVE AND JUDICIARY 

President. ''The executive power shall be vested in a 
President of the United States. He shall hold his office 
during the term of four years." 

QUALIFICATIONS OF PEE SIDE XT. No person except a nat- 
ural born citizen, or a citizen of the United States, at the time of the 
adoption of this constitution, shall be eligible to the office of Presi- 
dent : neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. The Vice-President must 
have the same qualifications as the President. 

Salary. The salary of the President is $75,000 per 
year. In addition, congress pays certain expenses con- 
nected with the White House — the beautiful home fur- 
nished the President — and many other expenses. The 
total annual allowance for the use of the President some- 
times amounts to over $300,000. The Vice-President's 
salary is $12,000. 

PEESIDEXTIAL SUCCESSION. In case of the removal of the 
President from office, or of his death, resignation or inability to dis- 
charge the powers and duties of the said office, the same shall de- 
volve on the Vice-President, and the congress may by law provide 
for the case of removal, death, resignation or inability, both of the 
President and A'ice-President, declaring what officer shall then act 
as President, and such officer shall act accordingly, until the dis- 
ability be removed, or a President shall be elected. 

Congress has provided that the cabinet officers shall succeed to 
the Presidency in the following order : Secretary of State, Secretary 
of the Treasury, Secretary of War, Attorney-General, Postmaster- 
General, Secretary of the Navy, and Secretary of the Interior. 
None of these can succeed to the Presidency unless his appointment 
as a cabinet officer has been confirmed by the Senate and he has all 
of the necessary qualifications ^iven in clause 4. The initial letters 
of these officers in order spell St. Wapni. This may help the memory. 

OATH. Beforp he enter on the execution of his office he shall take 
the following oath or affirmation : 

169 



170 THE STATE AND NATION 

a I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will to the best of 
my ability preserve, protect and defend the Constitution of the 
United States." 

Nomination of Candidates. Before we take up the 
plan of electing a President and Vice-President, it is 
necessary to understand the method used by political 
parties to nominate their condidates. 

National Party Conventions. Each political party 
holds a national convention to nominate candidates for 
President and Vice-President, adopt a platform, and ap- 
point a national central committee (one committeeman 
from each state and territory) to take charge of the cam- 
paign. 

Delegates to National Conventions. The rule followed 
by the Republican and Democratic parties is to allow 
each state to send to the national convention two dele- 
gates for each representative and senator sent from that 
state to congress. Delegates are also sent from terri- 
tories and from the District of Columbia. 

In some states each party holds conventions to select 
delegates to the national conventions. This was the plan 
in South Dakota until 1912, when the delegates were 
chosen at the primary election the first Tuesday in June. 
Since South Dakota has three representatives and two 
senators in congress, the Republican party sends ten dele- 
gates from this state to its national convention and the 
Democratic party sends ten to its national convention. 

Presidential Electors. The method provided by the 
constitution is to have each state choose, in any way the 
legislature may provide, a number of men (presidential 
electors) who are to choose the President and Vice- 
President. The idea of those who framed the constitu- 
tion was that these presidential electors would be more 



FEDERAL EXECUTIVE AND JUDICIARY 



171 



competent than the people to select suitable officers, and 
they supposed that the presidential electors would be 
independent in their choice. It immediately developed, 
however, that these presidential electors simply regis- 
tered the choice of the people who selected them. 

Electoral College. 



electors are chosen at a general election 



In all of the states the presidential 
In 1912 the 

voters of New York elected forty-five presidential elec- 
tors (New York has two senators and forty-three rep- 
resentatives). In the same election South Dakota chose 
five (the state having two senators and three represen- 
tatives in congress). The group of presidential electors 
chosen by the state is called the "electoral college." 

The following table shows the number of representatives and sen- 
ators in congress, the electoral vote and the number of delegates to 
national conventions from each state: 



Rep. Sen. El. V. Del. 



Ala. 
Ariz. 
Ark. 
Cal. . 
Col. . 
Conn. 
Del. . 
Fla. . 
Ga. . 
Ida. . 
111. . . 
Ind. . 
la. .. 
Kan. 
Ky. . 
La. . 
Me. . 
Md. . 
Ma??. 
Mir-h. 
Minn. 
Miss. 
Mo. .. 
Mont. 



10 
1 
7 

11 
4 
5 
1 
4 

12 
2 

27 

13 

11 
8 

11 



16 
13 
10 

8 
10 

2 



12 

3 

9 

13 

6 

7 

3 

6 

14 

4 

29 

15 

13 

10 

13 

10 

6 

8 

18 

15 

12 

10 

18 

4 



24 

6 
18 
26 
12 
14 

6 
12 
28 

8 
58 
30 
26 
20 
26 
20 
12 
16 
36 
30 
24 
20 
36 

8 



Rep. [Sen. | El.V. I Del. 



Neb. . 
Nev. . 
N. H. , 
N. J. .. 
N. M. ., 
N. Y. ., 
N. C. . 
N. D. ., 
Ohio . 
Okla. ., 
Ore. . . , 
Penn. . 
E. I. . . 
S. C. . . 
S. D. . 
Tenn. . 
Tex. .. . 
Utah .. 

Vt 

Va. ... 
Wash. . 
W. Va. 
Wis. .. . 
Wyo. . . 



1 
2 

12 
1 

43 

10 
3 

22 
8 
3 

36 
3 
7 
3 

10 

18 
2 
2 

10 
5 
6 

11 
1 



8 
3 
4 

14 
3 

45 

12 
5 

24 

10 
5 

38 
5 
9 
5 

12 

20 
4 
4 

12 
7 
8 

13 
3 



16 

6 

8 

28 

6 

90 

24 

10 

48 

20 

10 

76 

10 

18 

10 

24 

40 

8 

8 

24 

14 

16 

26 



172 THE STATE AND NATION 

Election Dates, (a) On the first Tuesday after the 
first Monday in November, in 1904, 1908, etc., the voters 
of the states elect presidential electors. 

(b) On the second Monday in January the presiden- 
tial electors of a state meet at the state capitol and cast 
their ballots for President and Vice-President. Three 
sets of ballots are made, one is sent by mail to the 
president of the senate, Washington, D. C, another set 
is sent by a messenger, and the third set is deposited 
with the nearest United States district judge. It is at 
this time that, strictly speaking, the President and Vice- 
President are elected, providing both receive majorities. 

(c) On the second Wednesday of February the sen- 
ate and the house of representatives meet in the hall of 
representatives. The president of the senate opens the 
ballots in the presence of both houses, and tellers ap- 
pointed by the houses read the ballots and count them. 
In case no one receives a majority (over one-half) of the 
electoral votes for President or Vice-President, the house 
of representatives and senate decide the matter, as de- 
scribed in the constitution. 

(d) On the fourth of March the men elected take the 
oath of office and assume their official duties. 

Powers of the President 
Legislative. The President has much to do with the 
getting of laws passed, both directly and indirectly. He 
may call congress into special session, he makes many 
recommendations to congress as to laws which he thinks 
should be passed, and he may approve or veto bills 
passed by congress (see p. 166). 

"He shall from time to time give to the congress information of the 
state of the Union and recommend to their consideration such measures 
as he shall judge necessary and expedient; he may, on extraordinary 
occasions, convene both houses, or either of them, and in case of 
disagreement between them with respect to the time of adjournment, 



FEDERAL EXECUTIVE AND JUDICIARY 173 

he may adjourn them to such time as he shall think proper; lie shall 
receive ambassadors and other public ministers; he shall take care 
that the laws be faithfully executed, and shall commission all officers 
of the United States." 

Executive. The President is the chief administrative 
officer of the nation. He is assisted by a large number of 
executive officials who are responsible to him as the head 
of the government. His control over subordinate officials 
is secured in part by his power of appointment and 
removal 

He shall have power,' by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators present 
concur; and he shall nominate, and by and with the advice and 
consent of the Senate, shall appoint ambassadors, other public min- 
isters and consuls, judges of the supreme court, and all other officers 
of the United States, whose appointments are not herein otherwise 
provided for, and which shall be established by law; but the con- 
gress may by law vest the appointment of such inferior officers, as 
they think proper, in the President alone, in the courts of law, or in 
the heads of departments. 

He is commander-in-chief of the army and navy of 
the United States, and of the militia of the several states 
when called into the actual service of the United States. 
The President's exercise of this power is usually through 
the Secretary of War and the Secretary of the Navy, and 
their administration of war and naval affairs is through 
the officers of the army and navy. 

During the Civil War President Lincoln was sometimes compelled 
to deal somewhat directly with the commanding officers of the army. 
It i- related that at one time when General McClellan seemed to be 
somewhat inactive, President Lincoln wrote him a note suggesting 
that he would like to borrow McClellan's army if the general did 
not have anything for the army to do! 

Judicial. The President appoints the judges of the 
federal courts and thus is related very indirectly to this 
department of government. "He shall have power to 
grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment." The 
supreme court has defined a pardon as "an act of grace 
which exempts the individual on whom it is bestowed 



174 THE STATE AND NATION 

from the punishment which the law inflicts for a crime 
which he has committed." A reprieve is a temporary sus- 
pension of punishment ; a pardon is a complete release. 

It should be noted that the language of the constitution is general, 
hence the President's pardon may be absolute or conditional, may be 
issued before or during the trial of the accused, or after conviction 
and sentence. The constitution of South Dakota gives the Governor 
limited pardoning power, after conviction. (See pp. 107, 222, 266.) 

Federal Positions. Positions under the United States, 
excepting President and Vice-President, are filled in one 
of four ways : 

(a) Appointment by the President subject to the con- 
firmation of the senate. United States judges, marshals, 
cabinet officers, ambassadors, etc., come in this class. 

(b) Appointment by President alone. The President 
appoints his own private secretary and the clerks of his 
office, 

(c) Appointment by heads of departments. The post- 
master-general appoints all postmasters whose salaries 
are less than $1,000. 

(d) The civil service. "To regulate and improve the 
civil service of the United States," congress has pro- 
vided for a commission of three men — not more than two 
of whom may be from the same political party, to have 
charge of the appointment of many clerks, teachers in 
Indian schools, skilled workmen, mechanics, etc. On 
June 30, 1909, there were 367,794 persons holding posi- 
tions in the civil service, most of whom received their 
appointments through competitive examinations. At least 
twice a year examinations are held in each state and ter- 
ritory. 

IMPEACHMENT. Section 4. The President, Vice-President and 
all civil officers of the United States shall be removed from office on 
impeachment for, and conviction of, treason, bribery or other high 
crimes and misdemeanors. 



FEDERAL EXECUTIVE AND JUDICIARY 175 

History of Civil Service Reform. Excepting for a few 
changes made by Jefferson, no President until the time 
of Jackson (1829) removed federal government officials 
for political or partisan reasons. Then the "spoils sys- 
tem" was started, getting its name from the phrase, "To 
the victors belong the spoils." Jackson removed hun- 
dreds of officers to make room for his friends. Succeed- 
ing Presidents have done likewise, and when a President 
is elected from a political party different from the one 
in power we expect thousands of changes of officehold- 
ers. In 1883, the foregoing regulations relative to the 
civil service were adopted. The civil service law has 
done much to improve conditions, but there is still room 
for great improvement. 

The President's Cabinet 

Ten Departments. The work of the executive depart- 
ment of the United States has been subdivided, each 
division being called a "department." The heads of 
these departments constitute the President's cabinet. 

Department of State. This was the first cabinet office 
created by congress, being called for a time the "depart- 
ment of foreign affairs." Though the name was changed, 
the chief duty of the Secretary of State is in connection 
with foreign affairs. 

The Secretary of State is charged, under the direction 
of the President, with the duties appertaining to corre- 
spondence with the public ministers and the consuls of 
the United States and with the representatives of for- 
eign powers accredited to the United States ; and to 
negotiations of whatever character relating to the foreign 
affairs of the United States. He is also the medium of 



176 THE STATE AND NATION 

correspondence between the President and the chief exec- 
utives of the several states of the United States; he has 
the custody of the great seal of the United States, and 
countersigns and affixes the seal to all executive procla- 
mations, to various commissions, and to warrants for 
the extradition of fugitives from justice. He is regarded 
as the first in rank among the members of the cabinet. 
He is also the custodian of the treaties made with for- 
eign countries, and of the laws of the United States. He 
grants and issues passports and exequaturs (see Glos- 
sary) to foreign consuls in the United States are issued 
through his office. He publishes the laws and resolu- 
tions of congress, amendments to the constitution and 
proclamations declaring the admission of new states into 
the Union.* 

The principal bureaus of this department are the dip- 
lomatic bureau, consular bureau, bureau of appointments 
(has custody of the great seal), bureau of citizenship 
(issues passports), bureau of indexes and archives, bu- 
reau of rolls and library (has custody of treaties and 
laws). 

Department of the Treasury. The head of this depart- 
ment is called Secretary of the Treasury. 

The Secretary of the Treasury is charged by law with 
the management of the national finances. He prepares 
plans for the improvement of the revenue and for the 
support of the public credit ; superintends the collection 
of the revenue and directs the forms of keeping and ren- 
dering public accounts and of making returns ; grants 
warrants for all moneys drawn from the treasury in pur- 
suance of appropriations made by law and for the pay- 



*" The statements of official duties are quoted, with slight changes, from 
the Congressional Directory. 



FEDERAL EXECUTIVE AND JUDICIARY 177 

ment of moneys into the treasury; and annually submits 
to congress estimates of the probable revenues and dis- 
bursements of the government. He also controls the 
construction of public buildings; the coinage and print- 
ing of money; the administration of the life-saving, rev- 
enue cutter and the public health and marine hospital 
branches of the public service, and furnishes generally 
such information as may be required by either branch of 
congress on all matters pertaining to the foregoing. 

The principal officers of this department are assistant 
secretaries, six auditors (who audit and settle all ac- 
counts with the other cabinet departments), the super- 
vising architect, the comptroller of the treasury of the 
United States (having general charge over the public 
moneys that may be deposited in the treasury at Wash- 
ington and in the sub-treasuries at Boston, New York, 
Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, 
New Orleans and San Francisco, and in the national 
bank United States depositories), register of the treas- 
ury (look for the names of the last two officers on paper 
money), comptroller of the currency (having supervision 
of national banks), director of the mint, commissioner 
of internal revenue and superintendent of the life-saving 
service. 

Department of War. The duties of the Secretary of 
War are as follows : 

The Secretary of War is head of the war department 
and performs such duties as are required of him by law 
or may be required of him by the President concerning 
the military service. 

He is charged by law with the supervision of all esti- 
mates of appropriations for the expenses of the depart- 



178 THE STATE AND NATION 

ment, including the military establishment; of all pur- 
chases of army supplies; of all expenditures for the 
support, transportation and maintenance of the army and 
of such expenditures of a civil nature as may be placed 
by congress under his direction. 

He also has supervision of the United States military 
academy at West Point and of military education in the 
army, of the board of ordnance and fortification, of the 
various battlefield commissions, and of the publication of 
the official records of the war of the rebellion. 

He has charge of all matters relating to national de- 
fense and seacoast fortifications, army ordnance, river 
and harbor improvements, the prevention of obstructions 
to navigation and the establishment of harbor lines ; and 
all plans and locations of bridges authorized by congress 
to be constructed over the navigable waters of the United 
States require his approval. 

Department of Justice. The Attorney-General is the 
head of the department of justice and the chief law offi- 
cer of the government. He represents the United States 
in matters involving legal questions; he gives his advice 
and opinion, when they are required by the President or 
by the heads of the other executive departments, on 
questions of law arising in the administration of their 
respective departments ; he appears in the supreme court 
of the United States in cases of especial gravity and 
importance; he exercises a general superintendence and 
direction over United States attorneys and marshals in 
all federal judicial districts in the states and territories, 
and he provides special counsel for the United States 
whenever required by any department of the government. 

Postoffice Department. The Postmaster-General is the 
executive head of the federal postal service. He appoints 



FEDERAL EXECUTIVE AND JUDICIARY 179 

all officers and employes of the postoffice department, 
except the four assistant postmasters-general and the pur- 
chasing agent, who are presidential appointees. With the 
exception of postmasters of the first, second and third 
classes, who are likewise presidential appointees, he ap- 
points all postmasters and all other officers and employes 
of the service at large. Subject to the approval of the 
President, he makes postal treaties with foreign govern- 
ments. He awards and executes contracts and directs the 
management of the foreign mail service. He is chairman 
of the board of trustees of the postal savings system. 

There are four assistant postmasters-general. The first 
has charge of the divisions of postmasters' appointments, 
salaries and allowances and city delivery. The second 
has supervision over railway adjustments, foreign mails, 
railway mail service, inspection and equipment. The 
third has charge of finance, stamps, money orders, regis- 
tered mail and classification of mail matter. The fourth 
directs the work of the rural mails, supplies and "dead 
letters." 

Department of the Navy. The Secretary of the Navy 
performs such duties as the President of the United 
States, who is commander-in-chief, may assign him, and 
has the general superintendence of construction, man- 
ning, armament, equipment and employment of vessels 
of war. 

Department of the Interior. The Secretary of the In- 
terior is charged with the supervision of public business 
relating to patents for inventions, pensions and bounty 
lands, the public lands and bureau of mines, national 
parks, and the supervision of certain hospitals and in- 
stitutions in the District of Columbia. He also exer- 



180 THE STATE AND NATION 

cises certain powers and duties in relation to the terri- 
tories of the United States. The commissioner of edu- 
cation collects statistics pertaining to education, has gen- 
eral charge of the education of the native children in 
Alaska and administers the endowment fund for the sup- 
port of agricultural colleges. 

Department of Agriculture. The secretary exercises 
personal supervision of public business relating to the 
agricultural industry. He appoints all the officers and 
employes of the department with the exception of the 
assistant secretary and the chief of the weather bureau, 
who are appointed by the President, and directs the man- 
agement of all the bureaus, divisions, offices and the for- 
est service embraced in the department. He exercises 
advisory supervision over agricultural experiment sta- 
tions, which receive aid from the national treasury; has 
control of the quarantine stations for imported cattle, of 
interstate quarantine rendered necessary by sheep and 
cattle diseases, and of the inspection of cattle-carrying 
vessels, and directs the enforcement of the meat inspec- 
tion and food and drug laws under which the inspection 
of domestic and imported food products is carried on. 
He is charged with the duty of issuing rules and regu- 
lations for the protection, maintenance and care of the 
national forest reserves. He also is charged with carry- 
ing into effect the laws prohibiting the transportation by 
interstate commerce of game killed in violation of local 
laws and excluding from importation certain noxious ani- 
mals, and , has authority to control the importation of 
other animals. 

Department of Commerce. The Secretary of Com- 
merce is charged with the work of promoting the com- 
merce of the United States, and its mining, manufactur- 



FEDERAL EXECUTIVE AND JUDICIARY 181 

ing, shipping, fishery and transportation interests. His 
duties also comprise the investigation of the organization 
and management of corporations (excepting railroads) 
engaged in interstate commerce; the gathering and pub- 
lication of information regarding labor interests and 
labor controversies in this and other countries; the ad- 
ministration of the lighthouse service, and the aid and 
protection to shipping thereby; the taking of the census, 
and the collection and publication of statistical informa- 
tion connected therewith; the making of coast and 
geodetic surveys; the collecting of statistics relating to 
foreign and domestic commerce ; the inspection of steam- 
boats and the enforcement of laws relating thereto for 
the protection of life and property; the supervision of 
the fisheries as administered by the federal government ; 
the supervision and control of the Alaskan fur, seal, 
salmon and other fisheries; the jurisdiction over 
merchant vessels, their registry, licensing, measurement, 
entry, clearance, transfers, movement of their cargoes 
and passengers, and laws relating thereto, and to seamen 
of the United States ; the regulation of the enforcement 
and execution of the act of congress relating to the 
equipment of ocean steamers with apparatus and operat- 
ors for wireless communication ; the custody, construc- 
tion, maintenance and application of standards of weights 
and measurements. 

Secretary of Labor. The secretary of labor looks after 
those matters which are connected with the welfare of 
labor. He has supervision of the following bureaus: 
Immigration, Naturalization and Labor, Statistics and 
Children's Bureau. 

BOARDS, COMMISSIONS, AND INSTITUTIONS. In addition to 
the ten executive departments there are several boards, commissions, 



182 THE STATE AND NATION 

and institutions acting independently of the cabinet officers. Among 
these are the Interstate Commerce Commission, the Civil Service Com- 
mission, the Isthmian Canal Commission, International Waterways 
Commission, the Geographic Board, the National Botanic Garden, the 
Congressional Library, the Government Printing Office, the Inter- 
national Bureau of American Republics, and the Smithsonian Insti- 
tution. 

Diplomatic Service. Affairs between nations are 
usually conducted by ambassadors or ministers which 
each country sends to other countries to represent it. 
The diplomatic representatives of the United States are 
of four grades, a. Ambassadors, b. Ministers (called 
<? envoys extraordinary and ministers plenipotentiary," 
see dictionary). c. Ministers resident. d. Charges 
d'affairs. 

The United States sends ambassadors to Great Britain, 
France, Germany, Russia, Italy, Austria, Hungary, Mex- 
ico and other leading nations, and sends ministers to 
other countries. The principal difference between min- 
isters is in rank and salary. 

Consular Service. Consuls are sent to foreign cities to 
look after commercial interests. They report to us any 
inventions, changes in laws, or other conditions which 
may affect our commerce. Lists of all goods sent from 
foreign ports to the United States are given to the consul 
as a means of keeping account of foreign commerce and 
duties on imports. 

Arbitration. Nations are as likely to have disputes as 
individuals, and when international differences arise they 
cannot always be settled readily. Sometimes the mat- 
ters are referred to a commission for adjustment. The 
commission is usually composed, in part at least, of per- 
sons from nations other than those having the dispute. 
This process of adjusting differences is called arbitration. 






FEDERAL EXECUTIVE AND JUDICIARY 183 

In 1899 a permanent international court of arbitration 
was established at The Hague, Netherlands. The United 
States and Mexico were the first countries to use this 
court to settle disputes. 

Arbitration treaties have been made between the United States and 
the leading nations of the world. In each of these a mutual agree- 
ment is made between the United States and the foreign nation to 
submit matters in dispute to arbitration and, in most cases, at least, 
not to go to war until a year has been spent in endeavoring to settle 
the affair by arbitration. The United States occupies the proud posi- 
tion of leadership in the world in efforts to preserve peace and good 
will on earth. 

Treaties. When this country wants to make a treaty 
with a foreign nation our Secretary of State proposes one 
to the ambassador or minister from that country. The 
foreign minister at Washington communicates with his 
secretary of state, and if a treaty is made it is signed by 
our Secretary of State and the foreign minister and then 
sent to the Senate for approval. The Secretary of State 
keeps in close communication with the President 
throughout the proceedings. 

A treaty is usually named from the persons who ne- 
gotiated it, the one who proposed it being given first 
and this indicates where the treaty was made. Thus 
the famous treaty of 1842 between the United States and 
Great Britain which settled our dispute as to the north- 
eastern boundary and provided for stopping the slave 
trade and for extraditing criminals, is called the Webster- 
Ashburton treaty. From this we know that Webster 
was our Secretary of State, Ashburton was Great Brit- 
ain's minister to the United States, and the negotiations 
for the treaty were carried on in Washington. 

Sometimes special commissions are appointed to nego- 
tiate treaties. This is usually done for treaties of peace, 



• ' m THE PRESIDENT OF THE UNITED STATES OF AMERICA. - 
A PROCLAMATION. 

This year of 1910 is drawing to a close. The records of popula- 
tion and harvests which are the index of progress show vigorous national 
growth and the health and prosperous well-being of our communities' through- 
out this land and in our possessions beyond the seas. These blessings 
have rot descended upon us in restricted measure, but overflow and abound. 
They are the blessings and bounty of God. 

We continue to be at peace with the rest of the world. In all essen- 
tial eiatters our relations with ether peoples are harmonious, with an ever- 
growing reality of friendliness and depth of recognition of mutual dependence. 
It is especially to be noted that curing the past year great progress has been 
achieved in the cause of arbitration and the peaceful settlement of interna- 
tional disputes. 

Now, therefore, 1, William Howard Taft, President of the United States 
of America, in accordance with the vrise custom of the civil magistrate since 
the first" settlements in this land and with the rule established from the 
foundation of this Government, do appoint Thursday, November 24,1910. as a 
day of National Thanksgiving and Prayer, enjoining the people upon that day 
to meet in their churches for the praise of Almighty Cod and to return 
heartfelt thanks to Him for ail His goodness and loving-kindness. 

IN WETNESS WHEREOF I have hereunto set my hand and caused the seal of 
tire United States .to be affixed. 

; Bone at the City of Washington this fifth day of 

November, in the year of our Lord one thousand nine 
hurdred and ten an.'! of the independence of the 
United States the one hundred and thirty-fifth. 



ssidewt: 

£2 £Z#u<- 







^> 






A Presidential Proclamation. 

From ' ' Government and Politics in the United States, ' ' by William 
B. Guitteau. Houghton, Mifflin Company. 

184 



FEDERAL EXECUTIVE AND JUDICIARY 185 

and the negotiation is carried on in some neutral city. 
The treaty is then usually named from the city where it 
was negotiated. Any history of the United States names 
several such treaties, the most important of them being 
the treaty of Paris of 1783, which concluded peace be- 
tween the United States and Great Britain. The second 
peace treaty with Great Britain was the treaty of Ghent, 
1814. 

The Federal Judiciary 

An Independent System. As the state has its separate 
system of courts to enforce state laws so the federal 
government has its independent system of courts. There 
are three kinds of federal courts : (a) a supreme court 
which meets in Washington, D. C. ; (b) nine circuit 
courts of appeal ; and (c) about ninety district courts, 
one or more within each state (though having nothing 
to do with the interpreting or applying of state laws). 

Jurisdiction. 1. The power of the federal judiciary 
extends primarily to cases arising under the constitu- 
tion, laws and treaties of the United States. If a federal 
law is violated as in counterfeiting money, robbing the 
mail, etc., the accused would be tried in a federal court. 
Cases arising on Indian reservations are also tried in 
federal courts as the nation, and not the state, has com- 
plete control there. 

The following classification of the other kinds of cases which may- 
be tried in federal courts, with reasons therefor, was given by John 
Jay, the first chief justice of the supreme court: 

2. The judicial power extends to all cases affecting ambassadors, 
other public ministers and consuls (from foreign countries to this 
country) ; because, as these officers are of foreign nations,, whom this 
nation is bound to protect and treat according to the laws of nations, 
cases affecting them ought to be cognisable only by national authority; 

3. To all cases of admirality and maritime jurisdiction ; because, 
as the seas are the joint property of nations, whose rights and privi- 



186 THE STATE AND NATION 

leges relative thereto are regulated by the laws of nations and treaties, 
such cases necessarily belong to national jurisdiction; 
. 4 To controversies to which the United States shall be a party; 
because in cases in which the whole people are interested, it would 
not be equal or wise to let any one state decide and measure out the 
justice due to others; 

5. To controversies between two or more states; because domestic 
tranquillity requires that the contentions of states should be peace- 
fully terminated by a common judicatory, and because, in a free 
country, justice ought not to depend on the will of either of the 
litigants ; 

6. To controversies between a state and citizens of another state; 
because, in case a state — that is, all the citizens of it — has demands 
against some citizens of another state, it is better that she should 
prosecute these demands in a national court than in a court of the 
state to which those citizens belong, the danger of irritation and 
criminations arising from apprehensions and suspicions of partiality 
being thereby obviated; 

7. To controversies between citizens of the same state claiming 
lands, under grants of different states; because, as the rights of the 
two states to grant the land are drawn into question, neither of the 
two states ought to decide the controversy; 

8. To controversies between a state or the citizens thereof, and 
foreign states, citizens, or subjects; because, as every nation is re- 
sponsible for the conduct of its citizens toward other nations, all 
questions touching the justice due to foreign nations or people ought 
to be ascertained by and depend on national authority." 

Chisholm vs. Georgia. This was a famous case which 
occurred soon after the constitution went into effect. 
A man named Chisholm of North Carolina sued the state 
of Georgia in a United States court. The case was ap- 
pealed to the supreme court in 1793, it being claimed that 
the constitution did not give federal courts power to 
try a case in which a state was sued by a citizen of 
another state. The supreme court decided that clause 
six in the foregoing list of powers clearly gave the federal 
courts a right to try such case. This decision caused 
much dissatisfaction with that clause, as it was felt that 
a state ought not to be compelled to answer in court to 
summons by an individual. As a consequence the 
eleventh amendment to the constitution was adopted in 
1798. 






FEDERAL EXECUTIVE AND JUDICIARY 18? 

AMEXDMEXT XL The judicial power of the United States 
shall not be construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

APPOIXTMEXT AXD SALARIES. All federal judges are ap- 
pointed by the President, with the approval of the Senate, for life 
and may be removed only by impeachment process. At the age of 
seventy a judge may retire on full pay if he has served ten years. 

Their salaries are as follows, Chief Justice of the supreme court, 
$15,000; Associate Justices, $14,500; Circuit Judges, $7,000; District 
Judges, $6,000. 

Supreme Court. There are nine justices in this court, 
a chief justice and eight associate justices. As in the 
case of the other federal judges they are appointed by the 
President for life, subject to removal by impeachment 
process. Five must unite in a decision. The jurisdic- 
tion of this court is as follows : 

Original. In all cases affecting ambassadors, other 
public ministers and consuls and those in which a state 
is a party. 

Appellate. In other cases appealed from the lower 
courts. 

Constitutionality. The supreme court has power to 
decide when a law or procedure conforms to the consti- 
tution of the United States (see p. 127). 

Circuit Court of Appeals. To relieve the supreme 
court of many petty cases appealed to it from lower 
United States courts, in 1891 congress created this court 
to try them. Thus a case involving the patent laws may 
be appealed from a lower United States court to the cir- 
cuit court of appeals instead of to the supreme court. 
This court consists of three judges, two of whom are a 
quorum. The judges may be supreme court justices, or 
circuit court judges, or, in absence of these, district 
court judges. Circuit courts of appeals are held in var- 



188 THE STATE AND NATION 

ious parts of the United States, from Boston to San Fran- 
cisco. 

The United States is divided into nine circuits and 
each of the supreme court justices is supposed to exercise 
some supervision over a circuit. South Dakota is in the 
eighth circuit, which embraces Minnesota, Iowa, Mis- 
souri, Arkansas, Nebraska, Colorado, Kansas, Oklahoma, 
Utah, Wyoming, and New Mexico, besides both Dakotas. 
There are four circuit judges in this circuit. 

Prior to January 1, 1912, there were circuit courts having original 
jurisdiction in certain kinds of cases and presided over by circuit 
judges. The judges, however, were kept so busy acting as judges 
of circuit courts of appeals that they had no time to try any original 
cases, all such cases being turned over to the district courts. The 
circuit court was therefore abolished, though the nine circuits and 
twenty-nine judges were retained to provide for the United States 
courts of appeal. 

United States District Court. The United States is 
divided into districts for judicial purposes. In 1912 there 
were eighty-nine districts. South Dakota is one district, 
Minnesota is divided into two, Iowa two, etc. The 
United States judge for the district of South Dakota is 
Hon. James D. Elliott. He holds terms of court at 
Aberdeen, Sioux Falls, Pierre, and Deadwood. Federal 
cases arising in South Dakota are tried in one of these 
cities. 

This court has original jurisdiction only and cases may 
be appealed from it to the circuit court of appeals or to 
the supreme court of the United States. The cases com- 
monly tried in the United States district court comprise 
crimes committed on Indian reservations, violations of 
the United States revenue laws, postal laws, bankrupt- 
cies, patents, copyrights, etc. They also include law- 
suits between citizens of different states, providing the 
sum of controversy exceeds $2,000. Licenses to practice 



FEDERAL EXECUTIVE AND JUDICIARY 189 

in the courts of the United States are granted by this 
courts (see p. 128). Cases in bankruptcies are usually 
settled by referees in bankruptcies appointed by the dis- 
trict judge (see p. 195). 

United States attorneys and marshals are appointed for 
each district. Their duties are much like those of state's 
attorneys and sheriffs in the counties (see pp. 72, 75). 
The former officials have to do only with violations of 
United States laws, the latter with violations of state 
laws. Deputies are appointed as may be needed. 

Court Commissioners are appointed by the district 
judge at convenient places and have power to examine 
into accusations and decide whether a person who is ac- 
cused of violating a United States law shall be held for 
trial by the United States district court. 

Special Federal Judges. The court of claims consists 
of five judges and has power to try cases involving claims 
against the United States, not including pensions and a 
few other kinds. The court of commerce consists of five 
judges and tries cases involving interstate commerce. 
Court of Customs Appeals. This is a special federal court 
established to pass upon appeals from the decisions of 
revenue officers as to duties on imports. The courts of 
the District of Columbia and of territories are also spe- 
cial federal courts having jurisdiction within the District 
or territories. 

''The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the state where the said crimes 
shall have been committed ; but when not committed within any state 
the trial shall be at such place or places as the congress may by law 
have directed." 

In 1791 the following amendments to the constitution 
were adopted. All of the provisions apply to United 
States courts but do not apply to state courts: 



190 THE STATE AND NATION 

AMENDMENT V. No person shall be held to answer for a cap- 
ital or other infamous crime, unless on a presentment or indictment 
of a grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or public 
danger; nor shall any person be subject for the same offense to be 
twice put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law; nor shall private 
property be taken for public use without just compensation. 

AMENDMENT VI. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, by an impartial jury 
of the state and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation; to be con- 
fronted with the witness against him ; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance of coun- 
sel for his defense. 

AMENDMENT VII. In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved, and no fact tried by a jury shall be otherwise 
reexamined in any court of the United States than according to the 
rules of the common law. 

AMENDMENT VIII. Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punishments inflicted. 

EIGHTH MONTH 
9. 



Executive Department. 


A. Officers. 




(1) Elective. 




(a) President. 


(1) Qualifications. 


(2) 


Election. 


(3) 


Duties. 


(4) 


Term. 


(5) 


Salary. 


(6) 


Presidential succession. 


(b) Vice-President. 


(1) 


Qualifications. 


(2) 


Duties. 


(3) 


Term. 


(4) 


Salary. 


(2) Appointive. 


A. Cabinet. 


(1) 


Secretary of State. 


(2) 


Secretary of Treasury. 


(3) 


Secretary of War. 


(4) 


Secretary of Navy. 


(5) 


Postmaster-General. 


(6) 


Secretary of Interior. 


(7) 


Secretary of Agriculture. 



FEDERAL EXECUTIVE AND JUDICIARY 191 

(8) Secretary of Commerce. 

(9) Secretary of Labor. 

(10) Attorney General. 

(11) Duties of each. 

B. Diplomatic Service. 

(1) Ambassadors. 

(2) Ministers. 

(3) Charge d 'affairs. 

(4) Duties of each. 

C. Consulor Service. 

(1) Duties. 
B. Civil Sen-ice Commission (See p. 174). 

(1) Number of members. 

(2) Duties. 

(3) History of Civil Service Reform. 

E. Interstate Commerce Commission (Seep. 193). 

(1) Number of members. 

(2) Duties. 
10. Judicial Department. 

A. Supreme Court. 

(1) One Chief Justice. 

(2) Eight Associate Justices. 

(a) Term of office. 

(b) Salary. 

(3) Jurisdiction. 

(a) Original. 

(b) Appellate. 

(c) Interpreter of Constitution — Powers of Congress. 

B. Circuit Court of appeals. 

(1) Judges. 

(a) Chief Justice or an Associate Justice. 

(2) Circuit Judges. 

(3) District Judges. 

(4) Jurisdiction. 

(a) Appellate only. 

C. Circuit. 

(1) Number of. 

(2) South Dakota in the Eighth Circuit. 

D. District Courts. 

(1) Judges. 

(2) Number of Districts, 
(a) About 90. 

E. Court of Claims. 

F. Court of Customs and Appeals. 

G. District of Columbia Courts. 
H. National Judicial Powers. 
I. Juries (See p. 134). 

(1) Grand. 

(2) Petit. 

(3) Duties of each. 



CHAPTER X 

NATIONAL POWERS AND DUTIES 

Powers of Congress 

Taxes. A tax is a charge or burden laid upon persons, 
processes, or property to meet the needs of the govern- 
ment. A government could not long exist without the 
power of taxations, nor could civilization be maintained 
without schools, roads, bridges, public buildings and a 
thousand other things which minister to public neces- 
sities. The government must have money with which 
to pay its debts and obligations, provide for the defense 
and promote the welfare of the people. 

POWERS OF CONGRESS. Section 8.— I. The congress shall 
have power to lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defense and general wel- 
fare of the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States ( See p. 253 ) . 

Direct Taxes. According to interpretations of the Su- 
preme Court of the United States, direct* taxes include 
(a) poll taxes, (b) taxes on land and personal property, 
and (c) taxes on incomes. All other kinds are indirect. 
Since 1861 congress has not levied any direct taxes ex- 
cepting on incomes. The principal indirect taxes are (a) 
duties on imported goods, and (b) internal revenue. 

Duties. These are sometimes called customs duties 
and the place where they are collected is called a "cus- 
toms house." A list of the duties charged on imported 
goods is called a tariff. A tariff for revenue only is one 



* The state, county, township, city, town and school taxes discussed 
In chapters II and III are direct tax>es levied by state law and with these 
the federal government has nothing to do. 

192 



NATIONAL POWERS AND DUTIES 193 

in which duties are levied on only those goods which we 
do not produce and must import, such as coffee. A pro- 
tective tariff is one levied on goods with which we com- 
pete with other nations in producing. A tariff for reve- 
nue with incidental protection is one designed mainly 
for revenue, but incidentally to protect the producer in 
this country. All of our tariffs since 1816 have, in reality, 
been protective tariffs, some higher than others and some 
"protecting" more than others. Most of the income for 
the support of the federal government comes from duties. 

Internal Revenue. The United States levies taxes on 
the manufacture and sale of liquors, tobacco and a few 
other articles. The internal revenue office for collecting 
these taxes in the Dakotas is located in the federal build- 
ing in Aberdeen. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes. 

Interstate Commerce. Goods or passengers starting 
in one state and going into another state constitute in- 
terstate commerce. Intrastate commerce (Lat. inter, be- 
tween; intra, within) is that which is within a state and 
regulated by the state. In 1887 congress attempted to 
correct some evils in interstate commerce by passing 
laws regulating railroads and by creating an interstate 
commerce commission to enforce the laws. Several addi- 
tional laws have been passed enlarging the powers of 
this commission, especially in regulating railway rates. 
In 1910 congress created a court of commerce to interpret 
and apply the law to cases that arise. There are five 
judges in this court. 

4. To establish an uniform rule of naturalization and uniform 
laws on the subject of bankruptcies throughout the United States. 

13 



194 THE STATE AND NATION 

Naturalization. The process by which a foreigner, or 
alien, becomes a citizen is called naturalization. 

Declaration of Intentions. The alien must declare 
upon oath before a United States court or a state (or ter- 
ritorial) circuit court that it is his intention in good faith 
to become a citizen of the United States and reside 
therein and to renounce forever all allegiance and fidelity 
to any foreign prince or state, and particularly to the one 
of which he may at the time be a citizen or subject. 
These are commonly called the "first papers." 

Citizenship Papers. Not less than two years nor more 
than seven years after the first papers are issued the 
alien must petition for his final papers. His petition 
must be supported by the affidavits of two citizens of the 
United States, who have personally known him to be a 
resident of the United States at least five years and of 
the state one year. It must be shown to the court (1) 
that he has behaved as a person of good moral character, 
well disposed to good order and to the principles of the 
constitution ; (2) that he is not a disbeliever in organized 
government (an anarchist) ; (3) that he is not a believer 
in polygamy; and (4) that he can speak the English 
language. He then takes an oath in open court that he 
will support the constitution, of the United States and 
again renounces all foreign allegiance. His citizenship 
papers are then issued to him. 

An alien soldier of the United States army may be 
admitted to citizenship on one year's residence. An alien 
who has served in the navy for five years may be ad- 
mitted to citizenship without taking out his first papers. 
An American woman who marries a foreigner takes the 
nationality of her husband. When a man becomes nat- 
uralized, his wife and minor children, if living in this 



NATIONAL POWERS AND DUTIES 195 

country, also become naturalized. The naturalization of 
Chinese is expressly prohibited. The people of the 
Philippine Islands are not citizens of the United States, 
though they are entitled to full protection under the 
constitution. 

Forfeiture. If a naturalized citizen makes his home 
in any foreign country within five years of his natural- 
ization he at once forfeits his citizenship, unless he is an 
official of the United States. 

Citizenship and Suffrage. The United States decides 
who may become citizens and the state decides who may 
vote. The privilege of citizenship and the privilege of 
voting are entirely separate. In South Dakota and in 
many other states aliens who have declared their inten- 
tion of becoming citizens are permitted to vote (see 
Article VII of the Constitution). 

Bankruptcy. If a person cannot pay his debts he may 
apply to a referee in bankruptcy, appointed by the 
United States district court and have his property sold 
and the money divided among his creditors. He may 
then "start over" again and is not legally bound to pay 
any portion of the debts which are not paid by the re- 
turns from sale of his property. He is morally bound 
to pay any honest debts, however, if he ever becomes 
able to do so. If a person owes $1,000 or more, due and 
payable, which he refuses or is unable to pay, he may 
be compelled to have his property sold and the money 
divided among his creditors. This is called involuntary 
bankruptcy. 

Exemptions. The United States bankruptcy law re- 
quires the observance of the laws of the different states 
which provide that certain property cannot be sold for 
debt unless the owner consents or unless there is a mort- 



196 THE STATE AND NATION 

gage on the property. In South Dakota the main ex- 
emptions are as follows: 

(a) The home, including not more than one hundred 
and sixty acres, if in the country, or one acre if in town. 
If worth more than $5,000, the house is sold and $5,000 
returned to buy another home with. 

(b) Personal property to the value of $300 for an 
unmarried person, or $750 if the head of a family. 

(c) The family Bible, text books, heirlooms, etc. 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures. 

Legal Tender. Legal tender is that money which must 
be accepted in payment of debts. If legal tender money 
is refused the debt is not discharged, but interest stops 
and the costs of any suit to recover the debt must be 
paid by the creditor. The following kinds of money are 
legal tender: 

(a) Silver dollars; (b) gold coins; (c) United States 
notes (''greenbacks" issued during the Civil War and 
reissued since then) ; (d) United States treasury notes 
(first issued from 1890 to 1893) ; (e) smaller silver coins, 
to the value of ten dollars; and (f) nickels and pennies, 
to the value of twenty-five cents. United States notes 
are not legal tender for the payment of duties on imports 
or interest on the public debt. 

The following kinds of money are not legal tender, but 
are received everywhere at full value : (a) gold certifi- 
cates, (b) silver certificates, (c) national bank notes, 
and (d) federal reserve notes. The reason why this 
paper money is as good as legal tender money is because 
the treasurer of the United States will redeem any of it 
in legal tender money. 



NATIONAL POWERS AND DUTIES 19? 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States. 

Counterfeiting. This includes not only the illegal 
making or altering of money and securities of the United 
States, but also the passing of them or having them in 
one's possession with intent to pass them. Counter- 
feiting also applies to postage stamps, postal money 
orders, land warrants, etc., and to the coins and bonds of 
foreign countries. The punishment for counterfeiting 
as provided by laws enacted by congress is very severe. 

7. To establish postoffices and post roads. 

8. To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries. 

Copyrights. Books, charts, music, photographs, paint- 
ings, etc., may be copyrighted by sending copies to the 
copyright office, Library of Congress, Washington, D. C, 
with a fee of one dollar. No one may copy anything 
thus protected without the permission of the one who 
holds the copyright. A copyright privilege is valid for 
twenty-eight years and may be renewed for a similar 
period. 

Patents. A patent secures to an inventor the exclusive 
right to manufacture and sell his invention for seventeen 
years. Xo one may make, even for his own use, an 
article that is patented, without the consent of the holder 
of the patent. 

9. To constitute tribunals inferior to the supreme court. 

10. To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations. 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water. 

Piracy Is Robbery at Sea. The nation has exclusive 
jurisdiction over the portion of the sea extending three 
miles from the low-water mark. Letters of marque 



198 THE STATE AND NATION 

(mark) and reprisal are commissions granted to private 
persons in time of war permitting them to seize in the 
name of the government the persons and property of the 
enemy. Persons with such commissions are called pri- 
vateers and if captured must be treated as prisoners of 
war. Without the commission they would be treated as 
pirates and put to death. Privateering on land has long 
since been abandoned. In the war of 1898 with Spain, 
the United States refused to commission privateers on 
the sea and notified Spain that we would not respect any 
such commissions issued by that country. 

In most countries war may be declared by the ruler. 
This is a power which may easily be abused by a 
monarch possessing false ideals of national honor or 
national aggrandizement. While congress has sole 
power to declare war, the President, as commander-in- 
chief of the army and navy of the United States may 
take such steps as practically to bring on a state of war. 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of the land 
and naval forces. 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrection and repel invasions. 

16. To provide for organizing, arming and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively the 
appointment of the officers and the authority of training the militia 
according to the discipline prescribed by congress. 

17. To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession of 
particular states and the acceptance of congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the 
state in which the same shall be, for the erection of forts, magazines, 
arsenals, dock yards and other needful buildings. 

The District of Columbia. In 1783 some drunken sol- 
diers made an attack on congress, then in session in 



NATIONAL POWERS AND DUTIES 199 

Philadelphia. The city and state authorities did not 
provide protection for congress, so when the new con- 
stitution was drawn up in 1787, clause 17 was inserted 
so that the federal government would not need to depend 
upon a state for the protection of the government officials. 
In 1790 the District of Columbia was acquired. It com- 
prises seventy square miles and all of the area is covered 
by the city of Washington. 

Government of the District. The affairs of the district 
are managed by a board of three commissioners. Two 
commissioners are appointed by the President for three 
years and the third is an officer of the engineering 
department of the army. One-half of the money needed 
to support the government is appropriated by congress ; 
the rest is raised by local taxation. There are no elec- 
tions in the district. Officeholders or employes of the 
government retain the right to vote in their home states. 

There are many splendid government buildings in Washington, 
the capital of the United States. It is admitted by all that the 
largest and most beautiful capitol building in the world is ours. It 
covers over three and one-half acres of ground. The largest and most 
magnificent library building in the world is the Congressional Library. 
This building occupies nearly four acres of ground and has fifty-six 
miles of shelving for books. It contains nearly 2,000,000 books and 
pamphlets, besides hundreds of thousands of maps, charts, pieces of 
music, etc. The President 's home is called the ' ' White House. ' ' 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of t,he United States, 
or in any department or officer thereof. 

Express and Implied Powers. The constitution ex- 
pressly states that congress can "raise and support 
armies," but while it does not state that a military school 
may be maintained, congress has considered it "neces- 
sary and proper" to establish one at West Point, New 
York. To maintain an army is an express power; to 
maintain a military academy is an implied power. 



200 THE STATE AND NATION 

Shortly after the constitution went into operation, in 
1789, a division of opinion arose as to what extent the 
federal government could exercise implied powers. 

This led to the first division into national political parties (see 
Chapter XI). Clauses 1 and 18 are called "elastic" as they give con- 
gress many implied powers to provide for the ' ' general welfare ' ' and 
pass laws which are ' ' necessary and proper. ' ' 

Powers Denied Nation and State 

Habeas Corpus. The privilege of the writ of habeas 
corpus shall not be suspended unless when, in case of 
rebellion or invasion, the public safety may require it. 

This writ gets its name from the words found in the old Latin 
form, meaning, "You may have the body." It is issued by a court 
to a sheriff or other person holding someone else in custody, demand- 
ing that he bring the detained person before the court and show 
his authority for holding that person as prisoner. If sufficient and 
lawful reason can be shown, the prisoner is remanded to the custody 
of the sheriff or other person. If sufficient reason cannot be shown,, 
the prisoner is released on bail or is liberated. This writ is some- 
times used to liberate persons who are unlawfully held as insane 
or children in wrongful custody. Prisoners who think they are not 
lawfully detained may employ this writ to get an immediate hearing 
before a court. 

Bill of Attainder. A bill of attainder is a legislative 
act which inflicts punishment without a judicial trial. 
Congress is prohibited from passing such a bill. Con- 
gress passes laws providing for the punishment of crime 
but never decides when the law has been violated, nor 
does it mete out punishment. This is the function of 
the courts. 

Ex Post Facto Law. This kind of law is also uncon- 
stitutional (see p. 97). 

Export Tax. No tax or duty may be levied on goods 
exported from the United States or from any state 
excepting what may be absolutely necessary for paying 
the expenses of inspection. 



XATIOXAL POWERS AND DUTIES 201 

Titles of Nobility. Titles of nobility may not be 
granted by the nation or the state. A citizen of the 
United States may accept a title from a foreign govern- 
ment without forfeiting his citizenship. Any person 
holding a governmental position, however, may not 
accept a title or even a gift from a foreign government 
without the consent of congress. 

NINTH MONTH 

XATIOXAL POWERS AXD DUTIES. 

A. Taxation. 

(1) Define. 

(2) Necessity for. 

(a) Payment of debt. 

(b) Provide for defense. 

(c) Promote general welfare. 

(3) Methods. 

(a) Direct. 

(b) Indirect. 

(4) Kinds. 

(a) District (See p. 24). 

(b) Town or city (See p. 59). 

( c ) Township ( See p. 43 ) . 

(d) County (See p. 76). 

(e) State '(See pp. 96, 97, 118). 
( f i National. 

B. Interstate Commerce Commission. 

C. Letters of Marque and Eeprisal. 

D. Money and coinage. 

(1) National coinage. 

(2) What is money? 

(3) Purpose of money. 

(4) Kinds of money. 

(a) Coin. 
Kinds. 

(b) Paper. 
Kinds. 

E. Requisitions (See Glossary). 

F. Extraditions (Seep. 107). 

G. Eight of Eminent Domain (See Glossary). 
H. Formation of New States. 

I. Acquisition of New Territory. 
J. Prohibition on the Nation. 

(1) Ex-Post-Facto-Laws. 

(2) Titles. 

(3) Attainder. 

(4) Habeas Corpus. 

If time permits a review of the work should be given. 



' ' That the nation shall, under God have a new birth of 
freedom, and that government of the people, by the people, for 
the people, shall not perish from the earth." — Lincoln. 



CHAPTER XI 
NOMINATIONS AND ELECTIONS 

Popular Elections. That those who are clothed with 
the power of carrying on the government may be re- 
quired to administer their duties for the benefit of the 
public rather than for their own interest, we elect them 
for a limited time. In some cases, as in cities under 
commission, the people may recall an officer who is not 
considered a competent or faithful public servant. 

Political Parties. Differences of opinion give rise to 
political parties. This is illustrated in the first divison 
of the people into political parties after the adoption of 
our federal constitution. Washington was unanimously 
elected President. There were no national parties, the 
nearest approach to them being the division of sentiment 
as to whether the constitution should be adopted or not, 
and this difference of opinion rapidly disappeared. John 
Jay was then in charge of the department of foreign 
affairs and continued after Washington became Presi- 
dent. When congress provided for a secretary of foreign 
affairs (later called secretary of state) Washington asked 
Jay to accept the office. Jay refused the appointment, 
preferring a later one as chief justice of the supreme 
court, and Washington offered it to Thomas Jefferson, 
then minister to France, and presumably the next best 
informed person on foreign affairs. Robert Morris, who 
had charge of the finance department before the constitu- 

202 



NOMINATIONS AND ELECTIONS 203 

tion took the place of the articles of confederation, was 
offered the position of secretary of the treasury. He 
declined, but recommended a younger man, Alexander 
Hamilton. Washington had a very high opinion of 
this brainy young man and appointed him. Henry Knox 
was continued as secretary of war, and Edmund Ran- 
dolph was appointed to fill the new office of attorney 
general. Washington considered the chief justice of the 
supreme court, John Jay, and the Vice-President, John 
Adams, his official advisers as well as members of his 
cabinet. These men were not selected from opposite 
political parties, as was once taught, but new political 
parties soon arose because of differences of opinion which 
developed among these men as to the policy and plan of 
carrying on the government. It soon appeared that Jef- 
ferson and Hamilton were the real leaders in political 
action, Jefferson favoring a strict adherence to the con- 
stitution and being very democratic, and Hamilton being 
aristocratic and favoring a liberal or "loose" interpreta- 
tion of the constitution. 

Hamilton recommended that congress charter a United States bank, 
somewhat like the Bank of England, of which the government should 
be a stockholder and part manager. Jefferson opposed the plan 
because he could not find that any power to establish a bank was 
given to congress in the constitution. Hamilton argued that the con- 
stitution gave congress power ' ' to make all laws which shall be 
necessary and proper for carrying into execution the foregoing 
powers," among which was the power "to lay and collect taxes," 
"to pay the debts," etc. The basis for two political parties, bound 
to arise among thinking men, grew out of the differences between 
these two leaders who, as Jefferson said, were "pitted against each 
other every day in the cabinet like two fighting cocks." 

The construction or interpretation given to the constitution by 
Hamilton and his followers is called ' ' loose, " " elastic, ' ' or 
"broad," and we say they were "loose constructionists." They 
called themselves Federalists, the name which had previously been 
applied to those who favored the new constitution. Jefferson and his 
followers were said to be "strict constructionists," and the followers 
which rapidly formed about them in opposition to the Federalists were 
called by themselves Republicans, by their opponents, Democrats. 



204 THE STATE AND NATION 

In 1793 France declared war on Great Britain. We had made a 
treaty alliance with France in 1778 by the terms of which both the 
United States and France agreed to protect forever each other's pos- 
sessions in America. France expected us to help her defend her West 
India islands. Washington asked his advisers whether the treaty was 
in force. Jefferson said "yes," and, strictly interpreting the treaty, 
he was doubtless right, though such an interpretation meant another 
war with Great Britain. Hamilton said ' ' no, ' ' our national existence 
depended upon our keeping out of European wars. Washington 
adopted Hamilton's view and issued his famous neutrality proclama- 
tion, which was of untold benefit to us. In those days our national 
politics took color from the great struggle then going on in Europe, 
the Federalists siding with England and the Eepublicans taking the 
side of the French. A visitor to the United States at that time 
remarked that he found "many who favored France, many who 
favored England, but none who favored the United States. ' ' 

Group Action. Every person is greatly influenced by 
the opinions of the community and of leaders. What 
one thinks is proper to wear, to eat, to say, and to do, 
is not due so much to his independent judgment as to 
the influence of public opinion. There are certain senti- 
ments, beliefs, and standards of action which the group 
has, and these shape to a large extent the sentiments and 
convictions of each individual. As people become more 
civilized they think and act more in common. This is 
called the "solidarity of the race.' , We say that we "be- 
long" to a certain church, to this political party, or to that 
society or lodge. And we do "belong" to them — are 
governed by them in our thoughts and actions — more 
than we appreciate. Nearly all people who are not mem- 
bers of any church really belong to the great Christian 
world of men and women, are following the same ideals, 
cherish the same hopes, and contribute to the same 
worthy causes. Now this is just as true of political 
parties as it is of churches. Our political beliefs and 
utterances, our votes and legal actions, are due to the 
great body of beliefs, of attitudes, and of desires as to 
government which society as a whole has developed. 
"I am half of what I am because others are what they are." 



NOMINATIONS AND ELECTIONS 205 

Need for Political Parties. Political parties are needed 
in developing ideals of government, standards of public 
action and public welfare, just as churches are needed for 
developing religious ideals and standards of conduct and 
morality. Each is a social instrument for carrying on 
a great work. The church is much more pure, and its 
defects are much fewer, but the very fact that politics 
is so often corrupt, insincere, and base, is the best reason 
in the world why all true citizens should co-operate 
more actively so that justice and civic righteousness may 
rule. As long as political parties are corruptly man- 
aged, so long will our government be dishonest, and in- 
fluences for evil w r ill flourish. It is just as important, 
perhaps even more important, that people take an earnest 
and intelligent interest in nominating candidates as in 
electing officials ; in forming wholesome public senti- 
ment on temperance and honesty, as in seeing to it that 
the liquor laws are enforced and that robbery is pun- 
ished. A law which is not supported by public senti- 
ment will be a "dead letter," but a public sentiment will 
often enforce action when there is no support of law, or 
it will soon secure legal support. 

The Independent Voter. While party support and co- 
operation is necessary to get good government, the voter 
should not be a slave to his party. Most persons belong 
to the parties of their fathers and many have not the 
courage or intelligence to think and vote independently. 
They always vote the "straight party ticket," they are 
blind followers of political "bosses." Party support and 
party loyalty is a good thing, but the public good should 
always be first, — a political party is only a means to good 
government. 



206 THE STATE AND NATION 

Nomination of Candidates 

Caucus and Convention Method. Before 1907 candi- 
dates for office in South Dakota were nominated as fol- 
lows : A caucus, or gathering of the voters of a political 
party in a township, town, or city ward, was held. This 
was also called the primary (Lat. primus, first). Here 
in open meeting delegates were selected to a county con- 
vention. The county convention selected delegates to 
a state convention, and this convention selected candi- 
dates for state offices, for congress, and, in presidential 
years, for presidential electors. The state conventions 
also selected delegates to a national convention which 
nominated candidates for President and Vice-President. 
Later in the summer caucuses were usually again held, 
delegates elected to county conventions, and these county 
conventions selected candidates for county offices. Each 
political party held its own caucuses and conventions. It 
was so easy for a skillful politician and a few interested 
persons to control the caucus and the convention that 
very often men were nominated regardless of their fitness 
and honesty. A few political leaders usually controlled 
the political party and the term "political boss" came to 
be applied to many of them. 

Primary Elections. Many people believed that if the 
conventions were done away with, so far as possible, and 
the voters of a party could vote directly for candidates, 
there would be less opportunity for political corruption. 

The legislature of 1907 provided for a new system of 
party nominations known as the primary election. This 
has been greatly modified since then. The present plan 
was adopted by the legislature in 1915 and modified by a 
special session of the legislature in 1916. A primary elec- 
tion is held on the fourth Tuesday in May, 1916, and 



NOMINATIONS AND ELECTIONS 207 

every two years thereafter. Republicans are given bal- 
lots on which are printed the names of all Republicans 
who are candidates for state and county offices. Demo- 
crats are given ballots containing the names of Democrats 
who seek the nomination of their party, and Prohibition- 
ists, Socialists, or any other political parties have their 
own separate tickets. Each person who wishes to vote 
at the primary must have duly registered in advance as a 
member of the political party of his choice. This law 
does not apply to municipal, town, township or school 
district officers but may be adopted by a majority vote 
in any election held therein. 

To have his name printed on one of these ballots, a 
candidate must get a petition signed by from one per 
cent to three per cent of the voters of his party in the 
state, if it is a state office, or from three per cent to five 
per cent in the county if it is a county office. While this 
is called a primary election, it is not an election to office, 
but simply to a place in the column of party candidates on 
the ballot used in the November election. 

EXAMPLE. Suppose that A, B, and C are all Republicans and 
that each seeks to get the nomination of his party for county judge. 
Each one must have a petition signed by not less than three per cent 
of the Republicans of the county, nor more than five per cent of 
them (the number is determined from the number of Republican votes 
for governor in that county at the last election ) . These petitions 
are filed with the county auditor who must have their names printed 
on the Republican ticket. At the May primary election the Republicans 
will elect A, B, or C as their party candidate for county judge. 
Suppose A is chosen. In the November election, then, A 's name 
will appear on the ballot as the Republican candidate for this office. 
In a similar way a Democratic candidate for county judge is nomi- 
nated by the Democrats at the May primary election, and thus each 
of the other political parties nominates its candidates. Now at the 
November election the voter is given a ballot containing the names 
of all of those candidates. If he wishes to vole for the Republican! 
candidate for county judge, he makes an X before the name of A, 
the Republican candidate. Or, if he wishes to vote for the candidate 
of some other party, he may do so. 



208 THE STATE AND NATION 

At this May primary election in presidential election 
years delegates are elected to the national conventions 
which nominate candidates for President and Vice Presi- 
dent. Each political party elects twice as many delegates 
to the national convention as there are representatives 
and senators in congress from the state. This is more 
fully explained on page 170. 

The Campaign. Each political party usually has a 
national committee, made up of one member from each 
state and territory; a state committee, made up of one 
member from each county; a county committee, made 
up of one member from each voting precinct, and a local 
committee for each township, town, and city. These 
committees look after party interests, employ speakers, 
send out campaign literature, and, in general, have charge 
of the political campaign. In the heat of an election con- 
test many things are said and done that would not occur 
ordinarily. In former days there used to be torch light 
processions, "barbecues" where whole roasted oxen were 
eaten and intoxicating liquors were freely dispensed, and 
other spectacular events. The appeal today is more to 
the intelligence of the voter and less to his prejudices. 

Polling Places. A place to vote must be provided for 
each township, city, and town (if fifty voters petition for 
it). If there are more than five hundred voters in a 
precinct it may be divided. In cities there is one polling 
place for each ward. The room is usually divided off by 
a railing, within which are the judges of election having 
charge of the ballots and ballot boxes, and booths which 
are so arranged that each voter may enter one and mark 
his ballot secretly. There must be one booth for every 
fifty voters. 

Judges of Election. The county commissioners ap- 
point three voters from each voting precinct to act as 



Republican Party Democratic Party Prohibition Party 



o 



o 



o 



o 



01 ul Vic* Pre*i ,— x 

!<1 SU1H- ( ^ 

olsf.n \_y 



Elector o( President sod Vic* I 
n odbf lolled State*— 

MILLARD AASVED 



o 



Dt.lrcuir 01 
dent of l 



Socialist Party 



o 



. Elector ot President and Vic* 
' the United Stales— 
M. J. FOLEY 



o 
o 



Jenor of President ul Ylo» Presi- 
dent of tbe United Stale*— 
H C. PRESTON 
Elector ot Preeldcat and Vice Pre**- 



vke \_y 



I Vice Preel^^—v I 
HN KJ 



Elrctor of Presided and Vice Prasl 
10 United Stale*— 
H. T. HURD 



o 



Elector of President and Vice Pr*. 
.1. m of the United Statee — 

WALTER A. WILLIAMS 



llector of Preiident 
dent of the United Stat. 

A E HITCHCOCK 



• od vice Fre*l ,-— selector or 

ACOCK \-S 



D 



or of President and Vice I 
it of tbe United State*— 

WILLIAM RHODES 



o 



Elector of President and vice Preel 
dent of Hi tfttr 

F. H RUGG 



e_ f\ dentot 

G KJ ISA 



Elector ot President 



id Vice Presl-v — \l 

"- K) 

fHEWS |V-^ 



Elector of President end Vice Preel- 
f me United Slate*— 
EARLE McCAIN 







of Prealdont and Vice 

of the United Slatee — 

HEBER FENNE 



O Elector of President and vice Preei ^—v Elector of President and vice Preel- /— -v Elector of 
dent of Ike United State*— / A dent of tile United Stale*— ( ) dent ot 

J S. THOMSON! KJ JAMES MEE JW C. 



o 



Elector of Preeldent end Vice Pre*] 
; of the United State*— 
RICHARD BUNNEY 



o 



CHARLES H. BURKE 



o 



C. BOYD BARRETT. 



SR. |V_y 



O ? 



o 



SAMUEL C POLLEY 



O" 



o 



B C MATTHEWS 



o 





o 



FRANK If. BYRNE 



o 



EDWIN S. JOHNSON 



O. W. BUTTERFIELD 



j^Gorernor- 

K_J sai^ 



MUEL LOVETT 



a 



Secretary ot Stat*— 

FRANK GLASNER 



o 



N. F.STEWART 





o* 



B. H. WRIGHT 



O au 



ROYAL C JOHNSON 



Q 



\y HENRY B ANDERSON \_J 
Pja^eTre^r^- fcr=>3 

V_y A. W EWERT \_J 



F B. GANNON 



O 

7 



F. F. BRINKER 



.Commissioner of Scbool and I 

ads— 

GEORGE H. SMITH 



^_) GEO 



- ^"^Superintendent ot Public ln*tr 
\_J L M POWERS 



-P 

t.llc-^-v' 

-o 



SUte Auditor— 

W. J. LOUCKS 



W. J. HEBERLEIN 



DSUte Treasurer— 
M. G. OPSAHL 



Com mis* loner of School end Public 
D. N. McCULLOUCH 



/->' <.rumi-.Fi. in. 

0"T». 



O' 



JOHN J MURPHY 



OStat* Seaator. IStb r>»trtct— 
J. L BROW NE 

0* 



l/^"^\ Rail road ConuBltaion 
kj L. C. CAM 

L^^vStal* Senator. tStb I 
K^) C. A. RU! 



CAMPBELL 



Supenntendent of Public Instruction— 
LOIS WILSON JELLIES 



D Railroad Commissioner— 
W. H. G1FFORD 



o 



nalor. Mtb District— 
A. J. TIFFANY 



^Commissioner of Scbool and Pt 
GOODFELLOW 



Railroad Commissioner- 
OLE VENJUM 



Sute Senator. JSlh District— 
OTTO H. DUNKER 



GEO G NORBECK 



o* 



o: 



o : 



State Senator. 3Slh District— 

GEO. N. MILLER 



a 



o 
o 



W. M. SCOTT 



. Mia District— /^\S 

INSON \_J 

a 



CSut* 
AN 

o 7 



Q-. 



HERMAN PRETZER 



GEO. A. PETERSON 



JNO L. RUCKMAN 



o 



FRANK G PERRY 



o* 



o- 



A. T. AMSDEN 



O" 
O" 



O" 



o- 



WM. WORTHY 



a*ntaU»fc J8tb I 
R. J DAY 



O^CL 



IFFORD A. LU 



. P 



Countjr Ti****r*r— 

JOHN CAVANAUGH 



/^^VCountj Treaanr*r— 
Ky BURR J 



o 



o 



o 



a 



a 



o 



JOHN MAKENS 



V_J S. S. MELLEN vJ F 



0""7T 



O 



O 



/^NSberllr— 



O" 



DWIN E. BIRDSEY 



H A. MELCAARD 



Cri 



DReaisler of Deed^- 
E. D. STIC 



/^*\li|l I II sli. l ot lrbn .ls- /^~V 

V_^ M M GUHIN \y 



EDITH MAY PIERSON 



O' 



o 



BELLE LARSON I J 



EDWARD T TAIBMAN 



\y BOYD S. 



BECKINGTON 



O — cT 



o 



W H WILSON 



o 



CHAS. J. LARSON 



Cr*. 



BENJ. DEMPSEY 



L M GERHARD 



pjco^t, 2^- 
<y S A. C< 



Crv 



G. McLAUGHQW 



A typical ballot, such as <vaa used in Brown County. Nov. •">, 1912 
The instructions to voters al the top and a column for Independent 
candidates ore omitted. 

209 



210 THE STATE AND NATION 

judges of election. They must appoint the persons 
named by different political parties, if the county com- 
mittee of a political party does not name a judge, county 
commissioners use their own judgment. One of the 
judges is named as superintendent and he has charge of 
the erection of booths. The three judges appoint two 
clerks to assist them. Each judge and clerk must take 
an oath to perform his duties according to law and "to 
prevent fraud, deceit and abuse" in the election. 

Ballots. The county auditor must provide ballots con- 
taining the names of candidates and separate ballots for 
proposed amendments to the constitution and laws to be 
voted on (by initiative or referendum). One hundred 
ballots are furnished each precinct for every fifty votes 
cast there at the preceding election. Sample ballots, 
printed on different colored paper, and instruction cards 
are also furnished by him. The ballots for amendments 
and laws contain simply the titles of those proposed with 
places for marking. The proposed amendments and laws 
are printed in advance of the election, so that he may be 
informed concerning them. 

Method of Voting. The voter advances to the judges 
and is given a ballot (or ballots), having stamped on the 
back "Official Ballot," signed with the initials of one of 
the judges. He then goes to a booth and with a pencil 
or stamp marks it as he wishes to vote. He then folds 
it so that the stamp shows and hands it to a judge, an- 
nouncing his name to the clerks. The judge deposits the 
ballot in the ballot box and the clerks check the person's 
name to show that he has voted. 

A voter who is blind or physically unable to mark his ballot may 
be assisted by two of the judges belonging to different political par- 
ties. No electioneering (urging people to vote for certain candidates! 
or propositions) is permitted inside the polling place or within fifty 
feet of it. Any voter may require leave of absence from his work for 



NOMINATIONS AND ELECTIONS 211 

two hours, without loss of pay, in order to vote. The voter must not 
make any private mark on his ballot by which it may be identified. 
This is to prevent people from selling- their votes and then having 
something on the ballots to show that they voted as they promised. 

Voting by Mail. South Dakota electors who are away 
from home may vote by mail at primary or general elec- 
tions. To do so they must comply with all of the re- 
quirements provided by law for voting- by mail. 

Qualifications of Electors. An elector is one who 
may vote. The constitution of South Dakota (Article 
VII) provides that an elector must have the following 
qualifications : 

1. Male resident of the state. 

2. TAventy-one years of age. 

3. A citizen of the United States or an alien who has 
declared his intention to become a citizen (see "Natur- 
alization," p. 194). 

4. Resided in the United States one year before the 
election, in the state six months, in the county thirty 
days, and ten days in the election precinct where he offers 
his vote. 

Woman Suffrage. Suffrage means the right to vote. 
Women do not have the right to vote in South Dakota 
except "at any election held solely for school purposes." 
To vote at a school election a woman must have quali- 
fications (2), (3) and (4). 

Disqualifications. The following persons may not vote 
in South Dakota : 

1. Those who lack any one of the four qualifications. 

2. Insane persons or those under guardianship. 

3. A soldier of the United States army or sailor of 
the navy who may be stationed in the state, unless his 
home was here when he enlisted. A soldier or sailor or 



212 THE STATE AND NATION 

any person employed by the United States who leaves 
the state in the discharge of his duties does not lose his 
residence but may return home at election time and vote. 
This is true of a student attending school. 

4. "Nor shall any person convicted of treason or 
felony be qualified to vote at any election unless restored 
to civic rights." — Art. 7, Constitution. 

5. A person convicted upon impeachment charges 
may be disfranchised (deprived of the right to vote) and 
disqualified from holding office. 

6. An Indian who has not "severed his tribal rela- 
tions," that is, who still lives on a reservation and is sub- 
ject to the control of the agency. Such Indians are said 
to be "wards of the United States," and cannot buy or 
sell land, cattle, horses, or other property and cannot even 
kill their own cattle without permission of the agent on 
the reservation. This guardianship is necessary to pro- 
tect them. Many of the Indians of South Dakota live in 
citizen communities and vote and hold property, and 
many are very prosperous. 

Challenging. If it is believed that a person who offers 
to vote is not legally qualified, his right to vote may be 
challenged by one of the judges or by any other voter. 
The judges then explain to him the qualifications of a 
voter. If he declares he is qualified, he may be required 
to take an oath to that effect and may be required to 
sign it. A violation of an oath is called perjury and is a 
penitentiary offense. 

Canvassing Returns. The polls are open, in general 
elections, from 8:00 o'clock A. M. until 5:00 P. M. 
When the polls are closed the judges open the ballot box 
and publicly count the ballots to see that there are not 
more ballots than the poll list (list of voters) shows. If 






NOMINATIONS AND ELECTIONS 213 

several ballots are found folded together they are de- 
stroyed. The votes for each candidate are then carefully 
counted, entered in the poll book, and certified by the 
judges and clerks. The votes and poll list are put in the 
ballot box, which is locked and sealed (with white paper 
seals having the names of the judges) and sent to the 
chairman of the county commissioners. If the election 
is for local offices, returns are sent to city council or 
town board. The key to the box and the poll book are 
sent to the county auditor. These votes are canvassed by 
the county auditor and a majority of the county com- 
missioners (or the county treasurer, county judge and 
one county commissioner, none of whom could have been 
candidates at the election). The poll books are care- 
fully looked over and a list is made of the votes received 
for the different candidates in the various polling places 
of the county. In this way they decide what county 
officers have been elected. The county auditor makes an 
abstract, or summary, of the votes cast for various 
candidates and sends it to the secretary of state (he also 
sends copies of the abstract of votes for state officers to 
the governor, and to the presiding judge of the supreme 
court). The state board of canvassers then adds up the 
votes from the various counties and decides who were 
elected to those offices which are filled by state-wide 
election. 

Contested Election. If a defeated candidate thinks the 
votes have been incorrectly counted he may bring action 
in court to have the ballot boxes opened and the ballots 
all recounted. 

THE SHOUT BALLOT. There are so many candidates for so 
many offices that the average voter knows very little about any of 
them. Few men besides professional politicians can nanje even 
one-half of the men he has voted for after he has handed his ballot 
to the election judge, and of that half he knows very little. Because 



214 THE STATE AND NATION 

of these conditions there has grown up a strong movement in the 
United States to elect only those officers who have general admin- 
istrative powers, having them appoint such officers as have clerical 
or technical duties. According to this plan the county commissioners 
could appoint their own clerk (county auditor), a surveyor, coroner, 
register of deeds, etc. If we elected only a few officers at a time we 
would become far more familiar with their qualifications and our 
elections would be less dependent upon the political ' ' boss ' ; and 
political "machine," — the people and not a small group of poli- 
ticians would choose the officers. 

LONGER TERM AND RECALL. In order that only a few of- 
ficers be elected at one time, many people believe that it would be 
well to have some terms of office longer. To prevent the person who 
is elected for a long term from misusing his powers, it is proposed 
that the people shall have the right to recall an official as is now pro- 
vided for in cities under commission (see Chapter III). The princi- 
ples of the initiative and referendum, the primary election, the 
short ballot, and the recall are being very generally discussed at 
present. 

Objections are made by many to the recall of judges, on the 
ground that they should be independent of public opinion, and thus 
free to decide questions involved in accordance with law, being better 
qualified by their knowledge of the law, and having a better oppor- 
tunity by presiding at the trial of the case to learn all of the facts, 
than the public. It is argued, on the other hand, that if the people 
are qualified to put judges in office by a popular vote, they are equally 
well qualified to put them out of office in a similar manner. 






APPENDIX 
TABLES OF OFFICIALS 



TERRITORIAL GOVERNORS 



William Jayne 1861-63 

Newton Edmunds 1863-66 

Andrew J. Faulk 1866-69 

John A. Burbank 1869-74 

John J. Pennington 1874-78 



William A. Howard 1878-80 

Nehemiah G. Ordway 1880-84 

Gilbert A. Pierce 1884-87 

Louis K. Church 1887-89 

Arthur C. Mellette 1889 



DELEGATES TO CONGRESS 



J. B. S. Todd 1862-64 

W. A. Burleigh .1864-69 

S. L. Spink 1869-71 

M. K. Armstrong 1871-75 

J. P. Kidder 1875-79 



G. G. Bennett 1879-81 

R. F. Pettigrew 1881-83 

J. B. Raymond 1883-85 

Oscar S. *Gifford 1885-88 

Geo. A. Mathews 1888-89 



NOTE — Geo. A Mathews was elected delegate to congress in November, 
1888. his term to commence March 4,1889. Congress did not convene 
until December following. Before that time statehood had been accom- 
plished, and he was therefore never sworn in. 

STATE GOVERNORS 



Arthur C. Mellette 1889-93 

Charles H. Sheldon 1893-97 

Andrew E. Lee 1897-01 

Charles N. Herreid 1901-05 

Samuel H. Elrod 1905-07 



Coe I. Crawford 1907-09 

Robert S. Vessey 1909-13 

Frank M. Byrne 1913-17 

Peter Norbeck 1917- 



REPRESEXTATIVES IN CONGRESS. 



O. S. Gifford 1889-1891 

J. R. Gamble (a) 1891- 

J. L. Jolley 1891-1893 

W. V. Lucas 1893-1895 

R. J. Gamble 1895-1897 

Freeman Knowles 1897-1899 

R. J. Gamble 1899-1901 

E. W. Martin 1901-1907 

W. H. Parker (b) 1907-1908 

E. W. Martin 1908-1915 



J. A Pickler 1889-1897 

J. E. Kelly 1897-1899 

C. H. Burke 1899-1907 

Philo Hall 1907-1909 

C» H. Burke 1909-1915 

Rural C. Johnson (2nd 

Dist.) 1915- 

C. H. Dillon (1st List.) . . 1913- 
H. L. Gandy (3rd Dist.) . .1915- 



(a) Died in the summer of 1891 
election in November. 1891. (b) Died in the summer of 1908. 
Martin was elected at a special election in November, 1908. 



J. L. Jolley was elected at a special 

- W. 



UNITED STATES SENATORS. 



G. C. Moodv 1889-1891 

J. H. Kvle (a ) 1891-1901 

A. B. Kittredze 1901-1909 

Coe I. Crawford 1909-1915 



R. F. Pettigrew 1889-1901 

R J. Gamble 1901-1913 

Thomas Sterling 1913- 

E. S. Johnson 1915- 



(a) Died in the summer of 1901. A. B. Kittredge was appointed to 
fill the vacancy and later elected by the legislature. 

JUDGES OF THE SUPREME COURT 



Dighton Corson 1889-1913 

Alphonse GF. Kellam 1889-1896 

John E. Bennett 1889-1896 

Dirk Haney 1899-1913 

H. G. Fuller 1904-1909 



Charles S. Whiting 1910- 

James H. McCoy 1910- 

Ellison G Smith 1910- 

John H. Gates 1913- 

Samuel G. Polley 1913- 



211 



CONSTITUTION 'OF SOUTH DAKOTA 

[Adopted by popular vote October 1, 1889.] 

Preamble. 

_ We, the people of South Dakota, grateful to Almighty God for our 
civil and religious liberties, in order to form a more perfect and 
independent government, establish justice, insure tranquillity, pro- 
vide for the common defense, promote the general welfare and 
preserve to ourselves and to our posterity the blessings of liberty, do 
ordain and establish this constitution for the State of South Dakota. 



AETICLE I. 

Name and Boundary, 
Sec. 1. The name of the State shall be South Dakota. 
Sec. 2. The boundaries of South Dakota shall be as follows: 
Beginning at the point of intersection of the western boundary line 
of the State of Minnesota with the northern boundary line of the 
State of Iowa, and running thence northerly along the western boun- 
dary line of the State of Minnesota to its intersection with the 7th 
standard parallel; thence west on the hum of the 7th standard parallel 
produced due west to its intersection with the 27th meridian of 
longitude west from Washington; thence south on the 27th meridian 
of longitude west from Washington to its intersection with the 
northern boundary line of the State of Nebraska ; thence easterly along 
the northern boundary line of the State of Nebraska to its intersection 
with the western boundary line of the State of Iowa; thence northerly 
along the western boundary line of the State of Iowa to its inter- 
section with the northern boundary line of the State of Iowa; thence 
east along the northern boundary line of the State of Iowa to the 
place of beginning. 

AETICLE II. 

Division. of the Powers of Government. 
The powers of government of the state are divided into three 
distinct departments — the legislative, executive, and judicial ; and the 
powers and duties of each are prescribed by this constitution. 

AETICLE III. 

Legislative Department. 
Sec. 1. The legislative power shall be vested in a legislature, 
which shall consist of a senate and houso of representatives, except 
that the people expressly reserve to themselves the right to propose 

216 



APPENDIX 217 

measures, -which measures the legislature shall enact and submit to a 
rote of the electors of the state, and also the right to require that any 
laws which the legislature may have enacted shall be submitted to a 
vote of the electors of the state before going into effect (except such 
laws as may be necessary for the immediate preservation of the public 
peace, health, or safety, support of the state government and its 
existing public institutions). 

Provided, That not more than five per centum of the qualified 
electors of the state shall be required to invoke either the initiative 
or the referendum. 

This section shall not be construed so as to deprive the legislature 
or any member thereof of the right to propose any measure. The 
veto power of the executive shall not be exercised as to measures 
referred to a vote of the people. This section shall apply to munici- 
palities. The enacting clause of all laws approved by a vote of the 
electors of the state shall be, "Be it enacted by the people of South 
Dakota." The legislature shall make suitable provisions for carrying 
into effect the provisions of this section. 

Sec. 2. The number of members of the house of representatives 
shall not be less than seventy-five, nor more than one hundred and 
thirty-five. The number of members of the senate shall not be 
less than twenty-five, nor more than forty-five. 

The sessions of the legislature shall be biennial, except as otherwise 
provided in this constitution. 

Sec. 3. Xo person shall be eligible to the office of senator who 
is not a qualified elector in the district from which he may be chosen, 
and a citizen of the United States, and who shall not have attained 
the age of twenty-five years, and who shall not have been a resident 
of the state or territory for two years next preceding his election. 

Xo person shall be eligible to the office of representative who is not 
a qualified elector in the district from which he may be chosen, and 
a citizen of the United States, and who shall not have been a resident 
of the state or Territory for two years next preceding his election, 
and who shall not have attained the age of twenty-five years. 

Xo judge or clerk of any court, secretary of state, attorney general, 
state's attorney, recorder, sheriff or collector of public moneys, mem- 
ber of either house of congress, or person holding any lucrative office 
under the United States or this state, or any foreign government. 
shall be a member of the legislature; Provided, that appointments in 
the militia, the offices of notary public and justice of the peace shall 
not be considered lucrative; nor shall any person holding any office 
of honor or profit under any foreign government, or under the 
government of the United States, except postmasters whose annual 
compensation does not exceed the sum of three hundred dollars, hold 
any office in either branch of the legislature or become a member 
thereof. 

Sec. 4. Xo person who has been, or hereafter shall be, convicted 
of bribery, perjury or other infamous crime, nor any person who 
has been, or may be collector or holder of public moneys who shall 
not have accounted for and paid over, according to law, all such 
moneys due from him, shall be eligible to the legislature or to any 
office in either branch thereof. 

Sec. 5. The legislature shall provide by law for the enumeration 



218 THE STATE AND NATION 

of the inhabitants of the state in the year one thousand eight hun- 
dred and ninety-five and every ten years thereafter, and at its first 
regular session after each enumeration and also after each enumera- 
tion made by authority of the United States, but at no other time, 
the legislature shall apportion the senators and representatives accord- 
ing to the number of inhabitants, excluding Indians not taxed, and 
soldiers and officers of the United States army and navy; Provided, 
that the legislature may make an apportionment at its first session 
after the admission of South Dakota as a state. 

Sec. 6. The terms of the office of the members of the legislature 
shall be two years; they shall receive for their services the sum of 
five dollars for each day's attendance during the session of the 
legislature, and ten cents for every mile of necessary travel in going 
to and returning from the place of meeting of the legislature on the 
most usual route. 

Each^ regular session of the legislature shall not exceed sixty days, 
except in case of impeachment, and members of the legislature shall 
receive no other pay or perquisites except per diem and mileage. 

Sec. 7. The legislature shall meet at the seat of government on 
the first Tuesday after the first Monday of January at 12 o'clock M., 
in the year next ensuing the election of members thereof, and at no 
other time except as provided by this constitution. 

Sec. 8. Members of the legislature and officers thereof, before 
they enter upon their official duties, shall take and subscribe the 
following oath Qr affirmation: "I do solemnly swear (or affirm) 
that I will support the constitution of the United States and the con- 
stitution of the state of South Dakota, and will faithfully discharge 
the duties of (senator, representative or officer) according to the best 
of my abilities, and that I have not knowingly or intentionally paid 
or contributed anything, or made any promise in the nature of a 
bribe, to directly or indirectly influence any vote at the election at 
which I was chosen to fill said office, and have not accepted nor will 
I accept or receive, directly or indirectly, any money, pass, or any 
other valuable thing, from any corporation, company, or person for 
any vote or influence I may give or withhold on any bill or resolu- 
tion, pr appropriation, or for any other official act." 

This oath shall be administered by a judge of the supreme or circuit 
court, or the presiding officer of either house in the hall of the house 
to which the member or officer is elected, and the secretary of state 
shall record and file the oath subscribed by each member and officer. 
Any member or officer of the legislature who shall refuse to take the 
oath herein prescribed shall forfeit his office. Any member or officer 
of the legislature who shall be convicted of having sworn falsely to, 
or violated his said oath, shall forfeit his office and be disqualified 
thereafter from holding the office of senator or member of the house 
of representatives or any office within the gift of the legislature. 

Sec. 9. Each house shall be the judge of the election returns and 
qualifications of its own members. 

A majority of the members of each house shall constitute a quorum, 
but a smaller number may adjourn from day to day, and may compel 
the attendance of absent members in such manner and under such 
penalty as each house may provide. 



APPENDIX 219 

Each house shall determine the rules of its proceedings, shall cnoose 
its own officers and employes and fix the pay thereof, except as other- 
wise provided in this constitution. 

Sec. 10. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislature. 

Sec. 11. Senators and representatives shall in all cases, except 
treason, felony, or breach of peace, be privileged from arrest during 
the session of the legislature, and in going to find returning from the 
same; and for words used in any speech or debate in either house they 
shall not be questioned in any other place. 

Sec. 12. No member of the legislature shall, during the term 
for which he was elected, be appointed or elected to any civil office in 
the state which shall have been created or the emoluments of which 
shall have been increased during the term for which he was elected, 
nor shall any member receive any civil appointment from the gov- 
ernor, the governor and senate, or from the legislature during the 
term for which he shall have been elected, and all such appointments 
and all votes given for any such members for any such office or 
appointment shall be void; nor shall any member of the legislature 
during the term for which he shall have been elected, or within one 
year thereafter, be interested, directly or indirectly, in any contract 
with the state or any county thereof, authorized by any law passed 
during the term for which he shall have been elected. 

Sec. 13. Each house shall keep a journal of its proceedings and 
publish the same from time to time, except such parts as require 
secrecy, and the yeas and nays of members on any question shall be 
taken at the desire of one-sixth of those present and entered upon the 
journal. 

Sec. 14. In all elections to be made by the legislature the mem- 
bers thereof shall vote viva voce and their votes shall be entered in 
the journal. 

Sec. 15. The sessions of each house and of the committee of the 
whole shall be open, unless when the business is such as ought to be 
kept secret. 

Sec. 16. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

Sec. 17. Every bill shall be read three several times, but the first 
and second readings may be on the same day, and the second reading 
may be by title of the bill, unless the reading at length be demanded. 
The first and third readings shall be at length. 

Sec. 18. The enacting clause of a law shall be: "Be it enacted 
by the legislature of the state of South Dakota," and no law shall be 
passed unless by assent of a majority of all the members elected to 
each house of the legislature. And the question upon the final passage 
shall be taken upon its last reading, and the yeas and nays shall be 
entered upon the journal. 

Bee 19. The presiding officer of each house shall, in the presence 
of the house over which he presides, sign all bills and joint resolutions 
passed by the legislature, after their titles have been publicly read 
immediately before signing, and the fact of signing shall be entered 
upon the journal. 



220 THE STATE AND NATION 

See. 20. Any bill may originate in either house of the legislature, 
and a bill passed by one house may be amended in the other. 

Sec. 21. No law shall embrace more than one subject, which shall 
be expressed in its title. 

Sec. 22. No act shall take effect until ninety days after the 
adjournment of the session at which it passed, unless in case of 
emergency ^to be expressed in the preamble or body of the act) the 
legislature shall, by vote of two-thirds of all the members elected to 
each house, otherwise direct. 

Sec. 23. The legislature is prohibited from enacting any private or 
special laws in the following cases: 

1. Granting divorces. 

2. Changing the name of persons or places, or constituting one 
person the heir at law of another. 

3. Locating or changing county seats. 

4. Kegulating county and township affairs. 

5. Incorporating cities, towns, and villages; or changing or amend- 
ing the charter of any town, city, or village; or laying out, opening, 
vacating, or altering town plats, streets, wards, alleys, and public 
ground. 

6. Providing for sale or mortgage of real estate belonging to 
minors or others under disability. 

7. Authorizing persons to keep ferries across streams wholly within 
the state. 

8. Eemitting fines, penalties, or forfeitures. 

9. Granting to an individual, association, or corporation any special 
or exclusive privilege, immunity, or franchise whatever. 

10. Providing for the management of common schools. 

11. Creating, increasing, or decreasing fees, percentages, or allow- 
ances of public officers during the term for which said officers are 
elected or appointed. 

But the legislature may repeal any existing special law relating to 
the foregoing subdivisions. 

In all other cases where a general law can be applicable, no special 
law shall be enacted. 

See. 24. The legislature shall have no power to release or extin- 
guish, in whole or in part, the indebtedness, liability, or obligation of 
any corporation or individual to this state or to any municipal cor- 
poration therein. 

Sec. 25. The legislature shall not authorize any game of chance, 
lottery, or gift enterprise, under any pretense or for any purpose 
whatever. 

Sec. 26. The legislature shall not delegate to any special commis- 
sion, private corporation, or association any power to make, supervise, 
or interfere with any municipal improvement, money, property, or 
effects, whether held in trust or otherwise, or levy taxes, or to select a 
capital site, or to perform any municipal functions whatever. 

Sec. 27. The legislature shall direct by law in what manner and 
in what courts suits may be brought against the state. 

Sec. 28. Any person who shall give, demand, offer directly or 
indirectly, any money, testimonial, privilege, or personal advantage, 
thing of value to any executive or judicial officer or member of the 



APPENDIX 221 

legislature, to influence him in the performance of any of his official 
or public duties, shall be guilty of bribery and shall be punished in 
such manner as shall be provided by law. 

The offense of corrupt solicitation of members of the legislature or 
of public officers of the state, or any municipal division thereof, and 
any effort toward solicitation of said members of the legislature or 
officers to "influence their official action shall be defined by law, and 
shall be punishable by fine and imprisonment. 

Any person may be compelled to testify in investigation or judicial 
proceedings against any person charged with having committed any 
offense of bribery or corrupt solicitation, and shall not be permitted 
to withhold his testimony upon the ground that it may criminate 
himself, but said testimony shall not afterwards be used against him 
in any judicial proceedings except for bribery in giving such testi- 
mony, and any person convicted of either of the offenses aforesaid 
shall be disqualified from holding any office or position or office of 
trust or profit in this state. 

AETICLE IV. 

Executive Department. 

Sec. 1. The executive power shall be vested in a governor, who 
shall hold his office for two years. A lieutenant governor shall be 
elected at the same time and for the same term. 

Sec. 2. No person shall be eligible to the office of governor or 
lieutenant governor except a citizen of the United States and a 
qualified elector of the state; who shall have attained the age of 
thirty years, and who shall have resided two years next preceding the 
election within the state or territory, nor shall he be eligible to any 
other office during the term for which he shall have been elected. 

Sec. 3. The governor and lieutenant governor shall be elected by 
the qualified electors of the state at the time and places of choosing 
members of the legislature. The persons respectively having the 
highest number of votes for governor and lieutenant governor shall be 
elected ; but if two or more shall have an equal and highest number 
of votes for governor or lieutenant governor, the two houses of the 
legislature, at its next regular session, shall forthwith by joint ballot 
choose one of such persons for said office. The returns of the election 
for governor and lieutenant governor shall be made in such manner as 
shall be prescribed by law. 

Sec. 4. The governor shall be commander-in-chief of the military 
and naval forces of the state, except when they shall be called into 
the service of the United States, and may call out the same to execute 
laws, suppress insurrection and repel invasion. He shall have power 
to convene the legislature on extraordinary occasions. He shall, at 
the commencement of each session, communicate to the legislature by 
message information of the condition of the state, and shall recom- 
mend such measures as he shall deem expedient. He shall transact all 
necessary business with the officers of the government, civil and 
military. He shall expedite all such measures as may be resolved upon 
by the legislature, and shall take care that the laws be faithfully 
executed. 

Sec. 5. The governor shall have power to remit fines and for- 



222 THE STATE AND NATION 

feitures, to grant reprieves, commutations and pardons after con- 
viction, for all offenses except treason and cases of impeachment; 
Provided, that in all cases where the sentence of the court is capital 
punishment, imprisonment for life, or for a longer term than two 
years, or a fine exceeding two hundred dollars, no pardon shall be 
granted, sentence commuted, or fine remitted, except upon the recom- 
mendation in writing of a board of pardons consisting of the pre- 
siding judge, secretary of state, and attorney general, after full 
hearing in open session, and such recommendation, with the reasons 
therefor, shall be filed in the office of the secretary of state; but the 
legislature may by law in all cases regulate the manner in which the 
remission of fines, pardons, commutations, and reprieves may be 
applied for. Upon conviction for treason he shall have the power to 
suspend the execution of the sentence until the ease shall be reported 
to the legislature at its next regular session, when the legislature 
shall either pardon or commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He shall communicate to 
the legislature at each regular session each case of remission of 
fine, reprieve, commutation, or pardon granted by him in the cases 
in which he is authorized to act without the recommendation of the 
said board of pardons, stating the name of the convict, the crime of 
which he is convicted, the sentence and its date, and the date of the 
remission, commutation, pardon, or reprieve, with his reasons for 
granting the same. 

Sec. 6. In case of death, impeachment, resignation, failure to 
qualify, absence from the state, removal from office or other dis- 
ability of the governor, the powers and duties of the office for the 
residue of the term, or until he shall be acquitted, or the - disability 
removed, shall devolve upon the lieutenant governor. 

Sec. 7. The lieutenant governor shall be president of the senate, 
but shall have only a casting vote therein. If during a vacancy 
in the office of governor the lieutenant governor shall be impeached, 
displaced, resign, or die, or from mental or physical disease, or 
otherwise, become incapable of performing the duties of his office, 
the secretary of state shall act as governor until the vacancy shall 
be filled or the disability removed. 

Sec. 8. When any office shall, from any cause, become vacant and 
no mode is provided by the constitution or law for filling such 
vacancy, the governor shall have power to fill such vacancy by 
appointment. 

Sec. 9. Every bill which shall have passed the legislature, shall, 
before it becomes a law, be presented to the governor. If he 
approves, he shall sign it; but if not, he shall return it, with his 
objection, to the house in which it originated, which shall enter the 
objection at large upon the journal and proceed to reconsider it. 
If, after such reconsideration, two-thirds of the members shall agree 
to pass the bill, it shall be sent, together with the objection, to the 
other house, by which it shall likewise be reconsidered, and if it be 
approved by two-thirds of the members present shall become a law, 
but in all such cases the vote of both houses shall be determined by 
the yeas and nays, and the names of the members voting for and 
against the bill shall be entered upon the journal of each house 
respectively. If any bill shall not be returned by the governor within 



APPENDIX 223 

three days (Sundays excepted) after it shall have been presented to 
him, the same shall be a law, unless the legislature shall, by its 
adjournment, prevent its return, in which case it shall be filed, with 
his objection, in the office of the secretary of state within ten days 
after such adjournment, or become a lav/. 

Sec. 10. The governor shall have power to disapprove of any 
item or items of any bill making appropriations of money embracing 
distinct items, and the part or parts of the bill approved shjll be 
law, and the item or items disapproved shall be void, unless enacted 
in the following manner: If the legislature be in session, he shall 
transmit to the house in which the bill originated a copy of the 
item or items thereof disapproved, together with his objections there- 
to, and the items objected to shall be separately reconsidered, and 
each item shall then take the same course as is prescribed for the 
passage of bills over the executive veto. 

Sec. 11. Any governor of this state who asks, receives, or agrees 
to receive any bribe upon any understanding that his official opinion, 
judgment, or action shall be influenced thereby, or who gives or 
offers or promises his official influence in consideration that any 
member of the legislature shall give his official vote or influence on 
any particular side of any question or matter upon which he may 
be required to act in his official capacity, or who menaces any 
member by threatened use of his veto power, or who offers or 
promises any member that he, the said governor, will appoint any 
particular person or persons to any office created or thereafter to be 
created in consideration that any member shall give his official vote 
or influence on any matter pending or thereafter to be introduced 
into either house of said legislature, or who threatens any member 
that he, the said governor, will remove any person or persons from 
any office or position with intent to in any manner influence the 
official action of said member, shall be punished in :he manner now or 
that may hereafter be provided by law, and upon conviction thereof 
shall forfeit all right to hold or exercise any office of trust or honor 
in the state. 

Sec. 12. There shall be chosen by the qualified electors of the 
state, at the time and places of choosing members of the legislature, 
a secretary of state, auditor, treasurer, superintendent of public 
instruction, commissioner of school and public lands, and an 
attorney general, who shall severally hold their offices for the 
term of two years, but no person shall be eligible to the office of 
treasurer for more than two terms consecutively. They (shall 
respectively keep their offices at the seat of government. 

Sec. 13. The powers and duties of the secretary of state, auditor, 
treasurer, superintendent of public instruction, commissioner of school 
and public lands, and attorney general shall be as prescribed by law. 

AETICLE V. 
Judicial Department. 
Sec. 1. The judicial powers of the state, except as in this con- 
stitution otherwise provided, shall be vested in a supreme court, 
circuit courts, county courts, and justices of the pea'ce, and such 



224 THE STATE AND NATION 

other courts as may be created by law for cities and incorporated 
towns. 

Sec. 2. The supreme court, except as otherwise provided in this 
constitution, shall have appellate jurisdiction only, which shall be 
co-extensive with the state, and shall have a general superintending 
control over all inferior courts under such regulations and limitations 
as may be prescribed by law. 

Sec. 3. The supreme court and the judges thereof shall have 
power to issue writs of habeas corpus. The supreme court shall also 
have power to issue writs of mandamus, quo warranto, certiorari, 
injunction, and other original and remedial writs, with authority to 
hear and determine the same in such cases and under such regula- 
tions as may be prescribed by law; Provided, however, that no jury 
trials shall be allowed in said supreme court, but in proper eases ques- 
tions of fact may be sent by said court to a circuit court for trial 
before a jury. 

Sec. 4. At least two terms of the supreme court shall be held 
each year at the seat of government. 

Sec. 5. The supreme court shall consist of three judges, to be 
chcsen from districts by qualified electors of the state at large, as 
hereinafter provided. 

Sec. 6. The number of said judges and districts may, after five 
years from the admission of this state under this constitution, be 
increased by law to not exceeding five. 

See. 7. A majority of the judges of the supreme court shall be 
necessary to form a quorum, or to pronounce a decision, but one or 
more of said judges may adjourn the court from day to day, or to a 
day certain. 

Sec. 8. The term of the judges of the supreme court who shall 
be elected at the first election under this constitution shall be four 
years. At all subsequent elections the term of said judges shall be 
six years. 

Sec. 9. The judges of the supreme court shall by rule select from 
their number a presiding judge, who shall act as such for the term 
prescribed by such rule. 

Sec. 10. No person shall be eligible to the office of judge^ of 
the supreme court unless he be learned in the law, be at least thirty 
years of age, a citizen of the United States, nor unless he shall have 
resided in this state or territory at least two years next preceding 
his election, and at the time of his election be a resident of the dis- 
trict from which he is elected; but for the purpose of re-election 
no such judge shall be deemed to have lost his residence in the dis- 
trict by reason of his removal to the seat of government in the 
discharge of his official duties. 

Sec. 12. There shall be a clerk and also a reporter of the 
supreme court, who shall be appointed by the judges thereof and 
who shall hold office during the pleasure of said judges, and whose 
duties and emoluments shall be prescribed by law, and by the rules of 
the supreme court not inconsistent with law. The legislature shall 
make provision for the publication and distribution of the decisions 
of the supreme court, and for the sale of the published volumes 
thereof. No private person or corporation shall be allowed to 



APPENDIX 225 

secure any copyright to such decisions, but if any copyrights are 
secured they shall inure wholly to the benefit of the state. 

Sec. 13. The governor shall have authority to require the opinions 
of the judges of the supreme court upon important questions of law 
involved in the exercise of his executive powers and upon solemn 
occasions. 

Circuit Courts. 

Sec. 14. The circuit courts shall have original jurisdiction of all 
actions and causes, both at law and in equity, and such appellate 
jurisdiction as may be conferred by law and consistent with the 
constitution j such jurisdiction as to value and amount and grade of 
offense may be limited by law. They and the judges thereof shall 
also have jurisdiction and power to issue writs of habeas corpus, 
mandamus, quo warranto, certiorari, injunction and other original 
and remedial writs, with authority to hear and determine the same. 

Sec. 15. The state shall be divided into judicial circuits, in each 
of which there shall be elected by the electors thereof one judge 
of the circuit court therein, whose term of office shall be four years. 

Sec. 17. The legislature may, whenever two-thirds of the mem- 
bers of each house shall concur therein, increase the number of 
judicial circuits and the judges thereof, and divide the state into 
judicial circuits accordingly, taking care that they be formed of 
compact territory and be bounded by county lines ; but such increase 
of number or change in the boundaries of districts shall not work the 
removal of any judge from his office during the term for which he 
shall have been elected or appointed. 

Sec. 18. "Writs of error and appeals may be allowed from the 
decisions of the circuit courts to the supreme court under such 
regulations as may be prescribed by law. 
County Courts. 

Sec. 19. There shall be elected in each organized county a county 
judge, who shall be judge of the county court of said county, whose 
term of office shall be two years until otherwise provided by law. 

Sec. 20. County courts shall be courts of record and shall have 
original jurisdiction in all matters of probate, guardianship, and 
settlement of estates of deceased persons, and such other civil and 
criminal jurisdiction as may be conferred by law; Provided, that such 
courts shall not have jurisdiction in any case where the debt, damage, 
claim, or value of property involved shall exceed one thousand dollars 
except in matters of probate, guardianship, and the estates of de- 
ceased persons. Writs of error aud appeal may be allowed from 
county to circuit courts, or to the supreme court, in such cases and in 
such manner as may be prescribed by law; Provided, that no appeal 
or writ of error shall be allowed to the circuit court from any 
judgment rendered upon an appeal from a justice of the peace or 
police magistrate for cities or towns. 

Sec. 21. The county court shall not have jurisdiction in cases of 
felony, nor shall criminal cases therein be prosecuted by indictment; 
but they may have such jurisdiction in criminal matters, not of the 
grade of felony, as the legislature may prescribe, and the prosecutions 
therein may be by information or otherwise as the legislature may 
provide. 

15 



226 THE STATE AND NATION 

Justice of the Peace, 

Sec. 22. Justices of the peace shall have such jurisdiction as may 
be conferred by law, but they shall not have jurisdiction of any 
cause wherein the value of the property or the amount in contro- 
versy exceeds the sum of one hundred dollars or where the boun- 
daries or title to real property shall be called in question. 

Sec. 23. The legislature shall have power to provide for creating 
such police magistrates for cities and towns as may be deemed from 
time to time necessary, who shall have jurisdiction of all cases 
arising under the ordinances of such cities and towns respectively 
and such police magistrates may also bs constituted ex-ofificio justices 
of the peace for their respective counties. 

Municipal Courts. 
In cities having a population of five thousand or over, the legis- 
lature may provide, in lieu of police magistrates, for municipal courts, 
the judges whereof shall be chosen in such manner as the legislature 
shall prescribe, which courts shall have exclusive original jurisdiction 
of all cases, both civil and criminal, cognizable before a justice of 
the peace under the laws of the state, and in which process shall be 
served within the city where such court is established, and shall also 
have exclusive original jurisdiction of all cases arising under the 
ordinance of such city. Such court shall also have jurisdiction co- 
extensive with the county in which such city :s situated, in such civil 
and criminal cases as may be provided by law. 

State's Attorney. 
Sec. 24. The legislature shall have power to provide for state's 
attorneys and to prescribe their duties and fix their compensations; 
but no person shall be eligible to the office of attorney general or 
state's attorney who shall not at the time of his election be at least 
twenty-five years of age, and possess all the other qualifications for 
judges of circuit courts as prescribed in this article. 

Miscellaneous. 

Sec. 25. No person shall be eligible to the office of judge of the 
circuit or county court unless he be learned in the law, be at least 
twenty-five years of age, and a citizen of • the United States; nor 
unless he shall have resided in this state or territory at least one 
year next preceding his election, and at the time of his election 
be a resident of the county or circuit, as the case may be, for which 
he is elected. 

Sec. 26. The judges of the supreme court, circuit courts, and 
county courts shall be chosen at the first election held under the 
provisions of this constitution, and thereafter as provided by law. 
and the legislature may provide for the election of such officers on a 
different day from that on which an election is held for any other 
purpose, and may for the purpose of making such provision extend 
or abridge the term of office for any of such judges then holding, but 
not in any case more than six months. The term of office of all 
judges of circuit courts, elected in the several judicial circuits 
throughout the state, shall expire on the same day. 

Sec. 27. The time of holding courts within said judicial circuit? 



APPENDIX 227 

and counties shall be as provided by law; but at least one term of 
the circuit court shall be held annually in each organized county, and 
the legislature shall make provision for attaching unorganized coun- 
ties or territory to organized counties for judicial purposes. 

Sec. 28. Special terms of said court may be held under such 
regulations as may be provided by law. 

Sec. 29. The judges of the circuit courts may hold court in 
other circuits than their own under such regulations as may be pre- 
scribed by law. 

Sec. 30. The judges of the supreme court, circuit courts and 
county courts shall receive such salary as may be provided by law, 
consistent with this constitution, and no such judge shall receive any 
compensation, perquisite, or emoluments for or on account of his 
office in any form whatever, except such salary; Provided, that county 
judges may accept and receive such fees as may be allowed under the 
land laws of the United States. 

Sec. 31. No judge of the supreme court or circuit court shall act 
as attorney or counsellor-at-law, nor shall any county judge act as 
attorney or counsellor-at-law in any case which is or may be brought 
into his court, or which may be appealed therefrom. 

Sec. 32. There shall be a clerk of the circuit court in each organ- 
ized county, who shall also be clerk Of the county court; and who 
shall be elected by the qualified electors of such county. The duties 
and compensation of said clerk shall be as provided by law and regu- 
lated by the rules of the court consistent with the provisions of law. 

Sec. 33. Until the legislature shall provide by law for fixing the 
terms of court, the judges of the supreme, circuit, and county courts 
respectively shall fix the terms thereof. 

Sec. 34. All laws relating to courts shall be general and of uniform 
operation throughout the state, and the organization, jurisdiction, 
power, proceedings, and practice of all the courts of the same class 
or grade, so far as regulated by law, and the force and effect of the 
proceedings, judgments and decrees of such courts severally shall 
be uniform; Provided, however, That the legislature may classify 
the county courts according to the population of the respective coun- 
ties and fix the jurisdiction and salary of the judges thereof accord- 
ingly. 

Sec. 35. No judge of the supreme or circuit courts shall be 
elected to any other than a judicial office or be eligible thereto, during 
the term for which he was elected such judge. All votes for either 
of them during such terms for any elective office, except that of 
judge of the supreme court, circuit court or county court, given by the 
legislature or the people shall be void. 

Sec. 36. All judges or other officers of the supreme, circuit or 
county courts, provided for in this article, shall hold their offices until 
their successors respectively are elected or appointed and qualified. 

Sec. 37. All officers provided for in this article shall respectively 
reside in the district, county, precinct, city or town for which they 
may be elected or appointed. Vacancies in the elective offices pro- 
vided for in this article shall be filled by appointment until the 
next general election as follows: All judges of the supreme, circuit 
and county courts by the governor. All other judicial and other 



228 THE STATE AND NATION 

offices, by the county board of the counties where the vacancy occurs ; 
in cases of police magistrates, by the municipality. 

Sec. 38. All process shall run in the name of the "State of 
South Dakota." All prosecutions shall be carried on in the name 
of, and by authority of the "State of South Dakota." 

ARTICLE VI. 
Bill of Eights. 

Sec. 1. All men are born equally free and independent, and have 
certain inherent rights, among which are those of enjoying and 
defending life and liberty; of acquiring and protecting property 
and the pursuit of happiness. To secure these rights, governments 
are instituted among men, deriving their just powers from the consent 
of the governed. 

Sec. 2. No person shall be deprived of life, liberty or property 
without due process of law. 

Sec. 3. The right to worship God according to the dictates of 
conscience shall never be infringed. No person shall be denied any 
civil or political right, privilege or position on account of his religious 
opinions, but the liberty of conscience hereby secured shall not be 
so construed as to excuse licentiousness, the invasion of the rights 
of others, or justify practices inconsistent with the peace or safety 
of the state. 

No person shall be compelled to attend or support any minister 
or place of worship against his consent, nor shall any preference be 
given by law to any religious establishment or mode of worship. No 
money or property of the state shall be given or appropriated for the 
benefit of any sectarian or religious society or institution. 

Sec. 4. The right of petition and of the people peaceably to 
assemble to consult for the common good and make known their 
opinion shall never be abridged. 

Sec. 5. Every person may freely speak, write and publish on all 
subjects, being responsible for the abuse of that right. In all trials 
for libel, both civil and criminal, the truth, when published with 
good motives and for justifiable ends, shall be sufficient defense. 
The jury shall have the right to determine the fact and the law 
under the direction of the court. 

Sec. 6. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law without regard to the amount in 
controversy, but the legislature may provide for a jury of less than 
twelve in any court not a court of record, and for the decision of 
civil cases by three-fourths vote of the jury in any court. 

Sec. 7. In all criminal prosecutions the accused shall have the 
right to defend in person and by counsel; to demand the nature and 
cause of the accusation against him ; to have a copy thereof ; to meet 
the witnesses against him face to face; to have compulsory process 
served for obtaining witnesses in his behalf, and to a speedy public 
trial by an impartial jury of the county or district in which the 
offense is alleged to have been committed. 

Sec. 8. All persons shall be bailable by sufficient sureties, except 
for capital offenses when proof is evident or presumption great. 
The privilege of the writ of habeas corpus shall not be suspended un- 



APPENDIX 229 

less, when in case of rebellion or invasion, the public safety may 
require it. 

Sec. 9. No person shall be compelled in any criminal case to give 
evidence against himself or be twice put in jeopardy for the sama 
offense. 

Sec. 10. No person shall be held for a criminal offense unless on 
the presentment or indictment of the grand jury, or information of 
the public prosecutor, except in cases of impeachment, in cases 
cognizable by county courts, by justices of the peace, and in cases 
arising in the army and navy, or in the militia, when in actual 
service in time of war or public danger; Provided, that the grand 
jury may be modified or abolished by law. 

Sec. 11. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon probable 
cause supported by affidavit, particularly describing the place to be 
searched, and the person or thing to be seized. 

Sec. 12. No ex-post -facto law, or law impairing the obligation of 
contracts or making any irrevocable grant or privilege, franchise or 
immunity shall be passed. 

Sec. 13. Private property shall not be taken for public use, or 
damaged, without just compensation as determined by jury, which 
shall be paid as soon as it can be ascertained and before possession 
is taken. No benefit which may accrue to the owner as the result 
of an improvement made by any private corporation shall be con- 
sidered in fixing the compensation for property taken or damaged. 
The fee of land taken for railroad tracks or other highways shall 
remain in such owners, subject to the use for which it is taken. 

Sec. 14. No distinction shall ever be made by law between resi- 
dent aliens and citizens in reference to the possession, enjoyment or 
descent of property. 

Sec. 15. No person shall be imprisoned for debt arising out of or 
founded upon a contract. 

Sec. 16. The military shall be in strict subordination to the civil 
power. No soldier in time of peace shall be quartered in any house, 
without consent of the owner, nor in time of war except in the 
manner prescribed by law. 

Sec. 17. No tax or duty shall be imposed without the consent of 
the people or their representatives in the legislature, and all taxation 
shall be equal and uniform. 

Sec. 18. No law shall be passed granting to any citizen, class of 
citizens or corporation, privileges or immunities which upon the same 
terms shall not equally belong to all citizens or corporations. 

Sec. 19. Elections shall be free and equal, and no power, civil or 
military, shall at any time interfere to prevent the free exercise of 
the right of suffrage. Soldiers in time of war may vote at their post 
of duty in or out of the state under regulations to be prescribed by 
the legislature. 

Sec. 20. All courts shall be open; and every man, for an injury 
done him in his property, person or reputation, shall have remedy by 
due course of law, and right and justice administered without denial 
gr delay. 



230 THE STATE AND NATION 

See. 21. No power of suspending laws shall be exercised, unless 
by the legislature or its authority. 

See. 22. No person shall be attainted of treason or felony by the 
legislature. 

See. 23. Excessive bail shall not be required, excessive fines im- 
posed, nor cruel punishment inflicted. 

See. 24. The right of citizenship to bear arms in defense of them- 
selves and the state shall not be denied. 

See. 25. Treason against the state shall consist only in levying 
war against it, or in adhering to its enemies, or in giving them aid 
and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or confession 
in open court. 

Sec. 26. All political power is inherent in the people, and all free 
government is founded on their authority and is instituted for their 
equal protection and benefit, and they have the right in lawful and 
constituted methods to alter or reform their forms of government 
in such manner as they may think proper. And the state of South 
Dakota is an inseparable part of the American Union, and the con- 
stitution of the United States is the supreme law of the land. 

Sec. 27. The blessings of a free government can only be main- 
tained by a firm adherence to justice, moderation, temperance, fru- 
gality and virtue, and By frequent recurrence to fundamental prin- 
ciples. 

AETICLE VII. 

Elections and Eight of Suffrage. 

Sec. 1. Every male person resident of this state who shall be of 
the age of twenty-one years and upward not otherwise disqualified, 
belonging to either of the following classes, who shall be a qualified 
elector under the laws of the territory of Dakota at the date of 
the ratification of this constitution by the people, or who shall have 
resided in the United States one year, in the state six months, in 
the county thirty days, and in the election precinct where he offers 
his vote ten days next preceding any election, shall be deemed a quali- 
fied elector at such election : 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall have declared their 
intention to become citizens conformably to the laws of the United 
States upon the subject of naturalization. 

Sec. 3. All votes shall be by ballot, but the legislature may 
provide for numbering ballots for the purpose of preventing and 
detecting fraud. 

Sec. 4. All general elections shall be biennial. 

Sec. 5. Electors shall in all cases except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
elections and in going to and returning from the same. And no 
elector shall be obliged to do military duty on the days of elections 
except in the time of war or public danger. 

Sec. 6. No elector shall be deemed to have lost his residence in 
this state by reason of his absence on business of the United States 
or of this state, or in the military or naval service of the United 
States. 






APPENDIX 231 

Sec. 7. No soldier, seaman or marine in the army or navy of the 
United States shall he deemed a resident of this state in consequence 
of being stationed therein. 

Sec. 8. No person under guardianship, non compos mentis or insane, 
shall be qualified to vote at any election, nor shall any person con- 
victed of treason or felony be qualified to vote at any election unless 
restored to civil rights. 

Sec. 9. Any woman having the qualifications enumerated in Sec- 
tion 1, of this Article, as to age, residence and citizenship, and in- 
cluding those now qualified by the laws of the territory, may vote at 
any election held solely for school purposes, and may hold any office 
in this state except as otherwise provided in this constitution. 

ARTICLE VIII. 
Education and School Lands. 

Sec. 1. The stability of a republican form of government depend- 
ing on the morality and intelligence of the people, it shall be the 
duty of the legislature to establish and maintain a general and 
uniform system of public schools, wherein tuition shall be without 
charge, and equally open to all, and to adopt all suitable means to 
secure to the people the advantages and opportunities of education. 

Sec. 2. All proceeds of the sale of public lands that have here- 
tofore been or may hereafter be given by the United States for the 
use of public schools in the state; all such per centum as may be 
granted by the United States on the sales of public lands; the 
proceeds of all property that shall fall to the state by escheat; the 
proceeds of all gifts or donations to the state for public schools or 
not otherwise appropriated by the terms of the gift; and all prop- 
erty otherwise acquired for public schools, shall be and remain a 
perpetual fund for the maintenance of public schools, in the state. 
It shall be deemed a trust fund held by the state. The principal 
shall forever remain inviolate; and may be increased, but shall 
never be diminished, and the state shall make good all losses thereof 
which may in any manner occur. 

Sec. 3. The interest and income of this fund, together with the 
net proceeds of all fines for violation of state laws and all other 
sums which may be added thereto by law, shall be faithfully used and 
applied each year for the benefit of the public schools of the state, 
and shall be for this purpose apportioned among and between all the 
several public school corporations of the state in proportion to the 
number of children in each, of school age, as may be fixed by law, 
and no part of the fund, either principal or interest, shall ever be 
diverted, even temporarily, from this purpose or used for any other 
purpose whatever than the maintenance of . public schools for the 
equal benefit of all the people of the state. 

Sec. 4. After one year from the assembling of the first legislature, 
the lands granted to the state by the United States for the use of 
public schools may be sold upon the following conditions and no 
other: Not more than one-third of all such lands shall be sold 
within the first five years and no more than two-thirds within the 
first fifteen years after the title thereto is vested in the state, and 



232 THE STATE AND NATION 

the legislature shall, subject to the provisions of this article, pro- 
vide for the sale of the samp.. 

The commissioner of school and public lands, the state auditor 
and the county superintendent of schools of the counties severally, 
shall constitute boards of appraisal and shall appraise all school 
lands, within the several counties which they may from time to time 
select and designate for sale at their actual value under the terms 
of sale. 

They shall take care to first select and designate for sale the most 
valuable lands, and they shall ascertain all such lands as may be of 
special and peculiar value, other than agricultural, and cause the 
proper subdivision of the same in order that the largest price may be 
obtained therefor. 

Sec. 5. No land shall be sold for less than the appraised value, 
and in no case for less than ten dollars an acre. The purchaser shall 
pay one-fourth of the price in cash, and the remaining three-fourths 
as follows: One-fourth in five years, one-fourth in ten years, an J 
one-fourth in fifteen years; with interest thereon at the rate of not 
less than six per centum per annum, payable annually in advance, but 
all such subdivided lands may be sold for cash, provided that upon 
payment of the interest for one full year in advance, the balance of 
the purchase price may be paid at any time. All sales shall be at 
public auction to the highest bidder, after sixty days' advertisement 
of the same in a newspaper of general circulation in the vicinity of 
the lands to be sold, and one at the seat of government. Such lands 
as shall not have been especially subdivided shall be offered in tracts 
of not more than eighty acres, and those so subdivided in the smallest 
subdivisions. All lands designated for sale and not sold within four 
years after appraisal shall be reappraised by the board of appraisal 
as herein before provided before they are sold. 

Sec. 6. All sales shall be conducted through the office of the 
commissioner of school and public lands as may be prescribed by law, 
and returns of all appraisals and sales shall be made to said office. 
No sale shall operate to convey any right or title to any lands for 
sixty days after the date thereof, nor until the same shall have 
received the approval of the governor in such forms as may be pro- 
vided by law. No grant or patent for any such lands shall issue 
until final payment be made. 

Sec. 7. All lands, money or other property donated, granted or 
received from the United States or any other source for a university, 
agricultural college, normal schools or other educational or charitable 
institution or purpose, and the proceeds of all such lands and other 
property so received from any source, shall be and remain perpetual 
funds, the interest and income of which, together with the rents of 
all such lands as may remain unsold, shall be inviolably appropriated 
and applied to the specific objects of the original grants or gifts. The 
principal of every such fund may be increased, but shall never be 
diminished, and the interest and income only shall be used. Every 
such fund shall be deemed a trust fund held by the state, and the 
state shall make good all losses therefrom that shall in any manner 
occur. 

Sec. 8. All lands mentioned in the preceding section shall be 
appraised and sold in the same manner and by the same officers and 






APPENDIX 233 

boards under the same limitations and subject to all the conditions 
as to price, sale and approval provided above for the appraisal and 
sale of lands for the benefit of public schools, but a distinct and 
separate account shall be kept by the proper officers of each of such 
funds. 

Sec. 9. The lands mentioned in this article shall be leased for 
pasturage, meadow, farming, the growing of crops of grain and 
general agricultural purposes, and at public auction after notice as 
hereinbefore provided in case of sale and shall be offered in tracts 
not greater than one section. All rents shall be payable annually in 
advance, and no term of lease shall exceed five years, nor shall any 
lease be valid until it receives the approval of the governor. 

Sec. 10. No claim to any public lands by any trespasser thereon 
by reason of occupancy, cultivation or improvement thereof, shall 
ever be recognized ; nor shall compensation ever be made on account 
of any improvements made by such trespasser. 

Sec. 11. The moneys of the permanent school, and other educa- 
tional funds shall be invested only in first mortgages upon good 
improved farm lands within this state as hereinafter provided, or in 
bonds of school corporations within the state, in bonds of the United 
States or of the state of South Dakota or of any organized county, 
township or incorporated city in said state. The legislature shall 
provide by law the method of determining the amounts of said funds, 
which shall be invested from time to time in such classes of securities 
respectively, taking care to secure continuous investments as far as 
possible. 

All moneys of said funds which may from time to time be desig- 
nated for investment in farm mortgages and in the bonds of school 
corporations, or in bonds of organized counties, townships or incor- 
porated cities within this state, shall for such purpose be divided 
among the organized counties of the state in proportion to popula- 
tion as nearly as provisions by law to secure continuous investment 
may permit. The several counties shall hold and manage the same 
as trust funds, and they shall be and remain responsible and ac- 
countable for the principal and interest of all such moneys received 
by them from the date of receipt until returned because not loaned; 
and in case of loss of any money so apportioned to any county, such 
county shall make the same good out of its common revenue. Coun- 
ties shall invest said money in bonds of school corporations, counties, 
townships, or cities, or in first mortgages upon good improved farm 
lands within their limits respectively. The amount of each loan shall 
not exceed one-third the actual value of the lands covered by the 
mortgage given to secure the same, such value to be determined by 
the board of county commissioners of the county in which the land is 
situated, and in no case shall more than five thousand ($5,000) 
dollars be loaned to any one person, firm or corporation, and the rate 
of interest shall not be less than five per centum per annum, and 
shall be such other and higher rate, as the legislature may provide, 
and shall be payable semi-annually on the first day of January and 
July; Provided, that wherever there are moneys of said fund in any 
county amounting to one thousand dollars that cannot be loaned 
according to the provisions of this section and any law pursuant 
thereto, the said sum may be returned to the state treasurer to bf 



234 THE STATE AND NATION 

entrusted to some other county or counties, or otherwise invested 
under the provisions of this section. 

Each county shall semi-annually, on the first day of January and 
July, render an account of the condition of the funds entrusted to 
it to the auditor of state, and at the same time pay to or account to 
the state treasurer for the interest due on all funds entrusted to it. 

The legislature may provide by general law that counties may 
retain from interest collected in excess of five per centum per annum 
upon all said funds entrusted to them, not to exceed one per centum 
per annum. But no county shall be exempted from the obligation to 
make semi-annual payments to the state treasury of interest at the 
rate provided by law for such loans, except only said one per centum, 
and in no ease shall the interest so to be paid be less than five 
per centum per annum. 

The legislature shall provide by law for the safe investment of 
the permanent school and other educational funds, and for the prompt 
collection of interest and income thereof, and to carry out the objects 
and provisions of this section. 

Sec. 12. The governor may disapprove any sale, lease or invest- 
ment other than such as are entrusted to the counties. 

See. 13. All losses to the permanent school or other educational 
funds of this state which shall have been occasioned by the defalca- 
tion, negligence, mismanagement or fraud of the agents or officers 
controlling and managing the same, shall be audited by the proper 
authorities of the state. The amount so audited shall be a permanent 
funded debt against the state in favor of the fund, sustaining the 
loss, upon which not less than six per centum of annual interest 
shall be paid. The amount of indebtedness so created shall not be 
counted as a part of the indebtedness mentioned in Article XIIL, 
Sec. 2. 

Sec. 14. The legislature shall provide by law for the protection 
of the school lands from trespass or unlawful appropriation, and 
for their defense against all unauthorized claims or efforts to divert 
them from the school fund. 

Sec. 15. The legislature shall make such provision by general 
taxation, and by authorizing the school corporations to levy such 
additional taxes, as with the income from the permanent school fund 
shall secure a thorough and efficient system of common schools 
throughout the state. 

Sec. 16. No appropriation of lands, money or other property or 
credits to aid any sectarian school shall ever be made by the state, 
or any county or municipality within the state, nor shall the state 
or any county or municipality within the state accept any grant, 
conveyance, gifts or bequest of lands, money or other property to be 
used for sectarian purposes, and no sectarian instruction shall be 
allowed in any school or institution aided or supported by the state. 

Sec. 17. No teacher, state, county, township or district school 
officer shall be interested in the sale, proceeds or profits of any book, 
apparatus or furniture used or to be used in any school in this state, 
under such penalties as shall be provided by law, 



APPENDIX 235 

ARTICLE IX. 
County and Township Organization. 

Sec. 1. The legislature shall provide by general law for organ- 
izing new counties; locating the county seats thereof and changing 
county lines; but no new counties shall be organized so as to include 
an area of less than twenty-four congressional townships, as near 
as may be without dividing a township or fractional township, nor 
shall the boundaries of any organized county be changed so as to 
reduce the same to a less area than above specified. All changes in 
county boundaries in counties already organized, before taking effect, 
shall be submitted to the electors of the county or counties to be 
affected thereby, at the next general election thereafter and be 
adopted by a majority of the votes cast in each county at such elec- 
tion. Counties now organized shall remain as they are unless changed 
according to the above provisions. 

Sec. 2. In counties already organized where the county seat has 
not been located by a majority vote, it shall be the duty of the 
county board to submit the location of the county seat to the electors 
of said county at a general election. The place receiving a majority 
of all votes cast at said election shall be the county seat of said 
county. 

Sec. 3. Whenever a majority of the legal voters of any organized 
county shall petition the board to change the location of the county 
seat which has once been located by a majority vote, specifying the 
place to which it is to be changed, said board shall submit the same 
to the people of the said county seat at the next general election, 
and if the proposition to change the county seat be ratified by two- 
thirds of the votes cast at said election (except as hereinafter pro- 
vided), then the county seat shall be changed, otherwise not; Pro- 
vided, however, that in cases where the county seat is not located 
at a railroad station and it is proposed to remove the same to the 
railroad station, then the proposition to change the county seat may 
be ratified by three-fifths of the votes cast at said election, upon the 
question of such removal, and in such ease if the proposition to 
change the county seat be ratified by three-fifths of the votes cast 
at said election upon the question of such removal, then the county 
seat shall be changed, otherwise not. 

A proposition to change the location of the county seat of any 
organized county shall not again be submitted before the expira- 
tion of four years. 

Sec. 4. The legislature shall provide by general law for organ- 
izing the counties into townships, having due regard for congressional 
township lines and natural boundaries, and whenever the population 
is sufficient and the natural boundaries will permit, the civil town- 
ships shall be co-extensive with the congressional townships. 

Sec. 5. In each organized county at the first general election held 
after the admission of the state of South Dakota into the Union, 
amd every two years thereafter, there shall be elected a clerk of the 
court, sheriff, county auditor, register of deeds, treasurer, state's 
attorney, surveyor, coroner, and superintendent of schools, whose 
terms of office respectively shall be two years, and except the clerk 



236 THE STATE AND NATION 

of the court no person shall be eligible for more than four years in 
succession to any of the above named offices. 

Sec. 6. The legislature shall provide by general law for such 
county, township and district officers as may be deemed necessary, 
and shall prescribe the duties and compensation of all county, town- 
ship and district officers. 

See. 7. All county, township and district officers shall be electors 
in the county, township or district in which they are elected, pro- 
vided that nothing in this section shall prevent the holding of 
school offices by any person as provided in Section 9, Article VII.; 
and provided, further, that the legislature shall have authority to 
prescribe additional qualifications for superintendent of schools,* not 
inconsistent herewith. 

ARTICLE X. 
Municipal Corporations. 

Sec. 1. The legislature shall provide by general laws for the 
organization and classification of municipal corporations. The num- 
ber of such classes shall not exceed four and the powers of each 
class shall be defined by general laws, so that no such corporations 
shall have any powers, or be subject to any restrictions other than 
those of all corporations of the same class. The legislature shall 
restrict the power of such corporations to levy taxes and assessments, 
borrow money and contract debts, so as to prevent the abuse of 
such power. 

Sec. 2. Except as otherwise provided in this constitution, no tax 
or assessment shall be levied or collected, or debts contracted by 
municipal corporations, except in pursuance of law, for public pur- 
poses specified by law; nor shall money raised by taxation, loan or 
assessment, for one purpose ever be diverted to any other. 

Sec. 3. No street passenger railway or telegraph or telephone lines 
shall be constructed within the limits of any village, town or city 
without the consent of its local authorities. 

AETICLE XI. 
Revenue and Finance. 

Sec. 1. The legislature shall provide for an annual tax, sufficient 
to defray the estimated ordinary expenses of the state for each year, 
not to exceed in any one year two mills on each dollar of the assessed 
valuation of all taxable property in the state, to be ascertained by 
the last assessment made for state and county purposes. 

And whenever it shall appear that such ordinary expenses shall 
exceed the income of the state for such year, the legislature shall 
provide for levying a tax for the ensuing year sufficient with other 
sources of income to pay the deficiency of the preceding year 
together with the estimated expenses of such ensuing year. And 
for the purpose of paying the public debt, the legislature shall pro- 
vide for levying a tax annually, sufficient to pay the annual interest 
and the principal of such debt within ten years from the final 
passage of the law creating the debt, provided that the annual tax 
for the payment of the interest and principal of the public debt 
shall not exceed in any one year two mills on each dollar of the 



APPENDIX 237 

assessed valuation of all taxable property in the state as ascertained 
by the last assessment made for the state and county purposes. 

Provided, that for the purpose of establishing, installing, main- 
taining and operating a hard fiber twine and cordage plant at the 
state penitentiary at Sioux Falls, South Dakota, the legislature shall 
provide for a tax for the year 1907 of not to exceed one and one- 
half mills on each dollar of the assessed valuation of all taxable 
property in the state, as ascertained by the last assessment made for 
state and county purposes. 

See. 2. All taxes to be raised in this state shall be uniform on 
all real and personal property, according to its value in money, to 
be ascertained by such rules of appraisement and assessment as may 
be prescribed by the legislature by general law, so that every person 
and corporation shall pay a tax in proportion to the value of his, 
her, or its property. And the legislature shall provide by general 
law for the assessing and levying of taxes on all corporation prop- 
erty, as near as may be by the same methods as are provided for 
assessing and levying of taxes on individual property. 

Sec. 3. The power to tax corporations and corporate property 
shall not be surrendered or suspended by any contract or grant to 
which the state shall be a party. 

Sec. 4. The legislature shall provide for taxing all moneys, credits, 
investments in bonds, stocks, joint stock companies, or otherwise; 
and also for taxing the notes and bills discounted or purchased, 
moneys loaned and all other property, effects or dues of every de- 
scription, of all banks and of all bankers, so that all property 
employed in banking shall always be subject to a taxation equal to 
that imposed on the property of individuals. 

Sec. 5. The property of the United States and of the state, county 
and municipal corporations, both real and personal, shall be exempt 
from taxation. 

Sec. 6. The legislature shall, by general law, exempt from taxa- 
tion, property used exclusively for agricultural and horticultural 
societies, for school, religious, cemetery and charitable purposes, and 
personal property to any amount not exceeding in value two hundred 
dollars, for each individual liable to taxation. 

Sec. 7. All laws exempting property from taxation, other than 
that enumerated in sections 5 and 6 of this article, shall be void. 

Sec. 8. No tax shall be levied except in pursuance of a law, 
which shall distinctly state the object of the same, to which the tax 
only shall be applied. 

See. 9. All taxes levied and collected for state purpose shall be 
paid into the state treasury. No indebtedness shall be incurred or 
money expended by the state, and no warrant shall be drawn upon the 
state treasurer except in pursuance of an appropriation for the 
specific purpose first made. The legislature shall provide by suitable 
enactment for carrying this section into effect. 

Sec. 10. The legislature may vest the corporate authority of cities, 
towns and villages with power to make local improvements by special 
taxation of contiguous property or otherwise. For all corporate 
purposes, all municipal corporations may be vested with authority 
to assess and collect taxes; but such tax shall be uniform in respect 



238 THE STATE AND NATION 

to persons and property within the jurisdiction of the body levying 
the same. 

Sec. 11. The making of profit, directly or indirectly, out of 
state, county, city, town or school district money, or using the same 
for any purpose not authorized by law, shall be deemed a felony and 
shall be punished as provided by law. 

Sec. 12. An accurate statement of the receipts and expenditures 
of the public moneys shall be published annually in such manner as 
the legislature may provide. 

ARTICLE XII. 
Public Accounts and Expenditures. 

Sec. 1. No money shall be paid! out of the treasury except upon 
appropriation by law and on warrant drawn by the proper officer. 

Sec. 2. The general appropriation bill shall embrace nothing but 
appropriations for ordinary expenses of the executive, legislative 
and judicial departments of the state, the current expenses of state 
institutions, interest on the public debt, and for common schools. 
All other appropriation shall be made by separate bills, each em- 
bracing but one object, and shall require a two-thirds vote of all 
the members of each branch of the legislature. 

Sec. 3. The legislature shall never grant any extra compensation 
to any public officer, employe, agent or contractor after the services 
shall have been rendered or the contract entered into, nor authorize 
the payment of any claims or part thereof created against the state, 
under any agreement or contract made without express authority of 
law, and all such unauthorized agreements or contracts shall be null 
and void; nor shall the compensation of any public officer be in- 
creased or diminished during his term of office; Provided, however, 
that the legislature may make appropriations for expenditures in- 
curred in suppressing insurrection or repelling invasion. 

Sec. 4. An itemized statement of all receipts and expenditures 
of the public moneys shall be published annually in such manner as 
the legislature shall provide, and such statements shall be submitted 
to the legislature at the beginning of each regular session by the 
governor with his message. 

ARTICLE XIII. 
Public Indebtedness. 

Sec. 1. Neither the state nor any county, township or munici- 
pality shall loan or give its credit or make donations to or in aid 
of any individual, association or corporation except for the necessary 
support of the poor, nor subscribe to or become the owner of the 
capital stock of any association or corporation, nor pay or become 
responsible for the debt or liability of any individual, association 
or corporation; Provided, that the state may assume or pay such 
debt or liability when incurred in time of war for the defense of 
the state. Nor shall the state engage in any work of internal im- 
provement. 

Sec. 2. For the purpose of defraying extraordinary expenses and 
making public improvements, or to meet casual deficits or failure 
in revenue, the state may contract debts never to exceed with pre* 



APPENDIX 239 

vious debts in the aggregate $100,000, and no greater indebtedness 
shall be incurred except for the purpose of repelling invasion, sup* 
pressing insurrection, or defending the state or the United States in 
war, and provision shall be made by law for the payment of the 
interest annually, and the principal when due, by tax levied for the 
purpose or from other sources of revenue ; which law providing for 
the payment of such interest and principal by such tax or otherwise 
shall be irrepealable until such debt is paid; Provided, however, the 
state of South Dakota shall have the power to refund the territorial 
debt assumed by the state of South Dakota, by bonds of the state 
of South Dakota. 

Sec. 3. That the indebtedness of the state of South Dakota lim- 
ited by Section 2 of this article shall be in addition to the debt of 
the territory of Dakota assumed by and agreed to be paid by South 
Dakota. 

Sec. 4. The debt of any county, city, town, school district, civil 
township or other subdivision, shall never exceed five (5) per centum 
upon the assessed valuation of the taxable property therein for the 
year preceding that in which said indebtedness is incurred. 

In estimating the amount of indebtedness which a municipality 
or subdivision may incur, the amount of indebtedness contracted 
prior to the adoption of the constitution shall be included : 

Provided, that any county, municipal corporation, civil township, 
district or other subdivision may incur an additional indebtedness 
not exceeding ten per centum upon the assessed valuation of the 
taxable property therein for the year preceding that in which said 
indebtedness is incurred, for the purpose of providing water and 
sewerage for irrigation, domestic uses, sewerage and other purposes; 
and 

Provided, further, that in a city where the population is eight 
thousand or more, such city may incur an indebtedness not exceeding 
eight per centum upon the assessed valuation of the taxable prop- 
erty therein for the year next preceding that in which said indebted- 
ness is incurred for the purpose of constructing street railways, 
electric lights or other lighting plants. 

Provided, further, that no county, municipal corporation, civil 
township, district or subdivision shall be included within such dis- 
trict or subdivision without a majority vote in favor thereof of the 
electors of the county, municipal corporation, civil township, district 
or other subdivision, as the case may be, which is proposed to be 
included therein, and no such debt shall ever be incurred for any 
of the purposes in this section provided, unless authorized by a vote 
in favor thereof by a majority of the electors of such county, mu- 
nicipal corporation, civil township, district or subdivision incurring 
the same. 

Sec. 5. Any city, county, town, school district or any other sub- 
division incurring indebtedness shall, at or before the time of so 
doing, provide for the collection of an annual tax sufficient to pay 
the interest and also the principal thereof when due, and all laws 
or ordinances providing for the payment of the interest or principal 
of any debt shall be irrepealable until such debt be paid. 



240 THE STATE AND NATION 



State Institutions. 

See. 1. The charitable and penal institutions of the state of South 
Dakota shall consist of a penitentiary, insane hospital, a school for the 
deaf and dumb, a school for the blind, and a reform school. 

Sec. 2. The state institutions provided for in the preceding sec- 
tion shall be under the control of the state board of charities and 
corrections, under such rules and restrictions as the legislature shall 
provide; such board to consist of not to exceed five members, to be 
appointed by the governor and confirmed by the senate, and whose 
compensation shall be fixed by law. 

Sec. 3. The state university, the agricultural college, the normal 
schools and all other educational institutions that may be sustained 
either wholly or in part by the state sjiall be under the control of a 
board of five members appointed by the governor and confirmed by 
the senate under such rules and restrictions as the legislature shall 
provide. The legislature may increase the numbers of members to 
nine. 

See. 5. The legislature shall provide that the science of mining 
and metallurgy be taught in at least one institution of learning under 
the patronage of the state. 

AETICLE XV. 
Militia. 

Sec. 1. The militia of the state of South Dakota shall consist of 
all able bodied male persons residing in the state, between the ages 
of eighteen and forty-five years, except such persons as now are, or 
hereafter may be exempted by the laws of the United States or of 
this state. 

Sec. 2. The legislature shall provide by law for the enrollment, 
uniforming, equipment and discipline of the militia and the estab- 
lishment of volunteer and such other organizations or both, as may 
be deemed necessary for the protection of the state, the preservation 
of order and the efficiency and good of the service. 

Sec. 3. The legislature in providing for the organization of the 
militia shall conform, as nearly as practicable, to the regulations 
for the government of the armies of the United States. 

Sec. 4. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such period of time as the legis- 
lature may provide, subject to removal by the governor for cause, 
to be first ascertained by a court-martial pursuant to law. 

Sec. 5. The militia shall in cases except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
muster and elections, and in going to and returning from the same. 

Sec. 6. All military records, banners and relics of the state, 
except when in lawful use, shall be pres?rved in the office of the 
adjutant general as an enduring memorial of the patriotism and valor 
of South Dakota; and it shall be the duty of the legislature to pro- 
vide by law for the safe keeping of the same. 

See. 7. No person having conscientious scruples against bearing 
arms shall be compelled to do military duty in time of peace. 






APPENDIX 241 

AETICLE XVI. 

Impeachment and Eemoval from Office. 

Sec. 1. The house of representatives shall have the sole power of 
impeachment. 

The concurrence of a majority of all members elected shall be 
necessary to an impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When 
sitting for that purpose the senators shall be upon oath or affirma- 
tion to do justice according to law and evidence. No person shall be 
convicted without the concurrence of two-thirds of the members 
elected. When the governor or lieutenant governor is on trial the 
presiding judge of the supreme court shall preside. 

Sec. 3. The governor and other state and judicial officers, except 
county judges, justices of the peace and police magistrates, shall be 
liable to impeachment for drunkenness, crimes, corrupt conduct, or 
malfeasance or misdemeanor in office, but judgment in such cases 
shall not extend further than to removal from office and disquali- 
fication to hold any office of trust or profit under the state. The 
person accused, whether convicted or acquitted, shall nevertheless be 
liable to indictment, trial, judgment and punishment according to law. 

Sec. 4. All officers not liable to impeachment shall be subject to 
removal for misconduct or malfeasance or crime or misdemeanor in 
office, or for drunkenness or gross incompetency, in such manner as 
may be provdied by law. 

Sec. 5. No officer shall exercise the duties of his office after he 
shall have been impeached and before his acquittal. 

Sec. 6. On trial of an impeachment against the governor the 
lieutenant governor shall not act as a member of the court. 

Sec. 7. No person shall be tried on impeachment before he shall 
have been served with a copy thereof at least twenty days previous 
to the day set for trial. 

See. 8. No person shall be liable to impeachment twice for the 
same offense. 

AETICLE XVII. 
Corporations. 

Sec. 1. No corporation shall be created or have its charter ex- 
tended, changed or amended by special laws except those for chari- 
table, educational, penal or reformatory purposes, which are to be 
and remain under the patronage and control of the state; but the 
legislature shall provide, by general laws for the organization of all 
corporations hereafter to be created. 

Sec. 2. All existing charters, or grants of special or exclusive 
privileges, under which a bona fide organization shall not have taken 
place and business been commenced in good faith at the time this 
constitution takes effect, shall thereafter have no validity. 

Sec. 3. The legislature shall not remit the forfeiture of the 
charter of any corporation now existing nor alter or amend the 
same nor pass any other general or special law for the benefit of 
such corporation, except upon the condition that such corporation 
shall thereafter hold its charter subject to the provisions of this 
constitution. 
16 



242 THE STATE AND NATION 






See. 4. The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the legislature from 
taking the property and franchises of incorporated companies and 
subjecting them to public use, the same as the property of individuals; 
and the exercise of the police power of the state shall never be 
abridged or so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals 
or the general well-being of the state. 

Sec. 5, In all elections for directors or managers of a corporation, 
each member or shareholder may cast the whole number of his votes 
for one candidate, or distribute them upon two or more candidates, as 
he may prefer. 

Sec. 6. No foreign corporation shall do any business in this state 
without having one or more known places of business and an author- 
ized agent or agents in the same upon whom process may be served. 

Sec. 7. No corporation shall engage in any business other than that 
expressly authorized in its charter, nor shall it take or hold any real 
estate except such as may be necessary and proper for its legitimate 
business. 

Sec. 8. No corporation shall issue stocks or bonds except for money, 
labor done, or money or property actually received; and all fictitious 
increase of stock or indebtedness shall be void. The stock and indebt- 
edness of corporations shall not be increased except in pursuance of 
general law, nor without the consent of the persons holding the larger 
amount in value of the stock first obtained, at a meeting to be held 
after sixty days' notice given in pursuance of law. 

Sec. 9. The legislature shall have the power to alter, revise or annul 
any charter of any corporation now existing and revokable at the tak- 
ing effect of this constitution, or any that may be created, whenever 
in their opinion it may be injurious to the citizens of this state, in 
such a manner, however, that no injustice shall be done to the incor- 
porators. No law hereafter enacted shall create, renew or extend the 
charter of more than one corporation. 

Sec. 10. No law shall be passed by the legislature granting the 
right to construct and operate a street railroad within any city, town 
or incorporated village, without requiring the consent of the local 
authorities having the control of the street or highway proposed to be 
occupied by such street railroad. 

See. 11. Any association or corporation organized for the purpose, 
or any individual, shall have the right to construct and maintain lines 
of telegraph in this state and to connect the same with other lines; 
and the legislature shall by general law of uniform operation provide 
reasonable regulations to give full effect to this section. No telegraph 
company shall consolidate with, or hold a controlling interest in the 
stock or bonds of any other telegraph company owning a competing 
line, or acquire by purchase or otherwise, any other competing line of 
telegraph. 

Sec. 12. Every railroad corporation organized or doing business in 
this state under the laws or authority thereof shall have and maintain 
a public office or place in this state for the transaction of its business, 
where transfers of its stock shall be made, and in which shall be kept 
for public inspection books in which shall be recorded the amount of 






APPENDIX 243 

capital stock subscribed, and by whom ; the names of the owners of its 
stock, and the amount owned by them respectively; the amount of 
stock paid in, and by whom; the transfers of said stock; the amount 
of its assets and liabilities; and the names and places of residence of 
its officers. The directors of every railroad corporation shall annually 
make a report, under oath, to the auditor of public accounts or some 
officer or officers to be designated by law, of all their acts and doings, 
which report shall include such matters relating to railroads as may 
be prescribed by law, and the legislature shall pass laws enforcing by 
suitable penalties the provisions of this section. 

Sec. 13. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this state shali be consid- 
ered personal property, and shall be liable to execution and sale in the 
same manner as the personal property of individuals, and the legisla- 
ture shall pass no laws exempting such property from execution and 
sale. 

Sec. 14. No railroad corporation shall consolidate its stock, prop- 
erty or franchises with any other railroad corporation owning a paral- 
lel or competing line; and in no case shall any consolidation take 
place except upon public notice given out, at least sixty days to all 
stockholders, in such manner as may be provded by law. Any attempt 
to evade the provisions of this section, by any railroad corporation, by 
lease or otherwise, shall work a forfeiture of its charter. 

See. 15. Eailways heretofore constructed or that may hereafter be 
constructed, in this state are hereby declared public highways, and all 
railroad and transportation companies are declared to be common 
carriers and subject to legislative control; and the legislature shall 
have power to enact laws regulating and controlling the rates of 
charges for the transportation of passengers and freight as such com- 
mon carriers from one point to another in this state. 

Sec. 16. Any association or corporation organized for the purpose 
shall have the right to construct and operate a railroad between any 
points within this state, and to connect at the state line w r ith railroads 
of other sfates. Every railroad company shall have the right with its 
road to intersect, connect with, or cross any other railroad, and shall 
receive and transport each the other's passengers, tonnage and cars, 
loaded or empty, without delay or discrimination. 

Sec. 17. The legislature shall pass laws to correct abuses and pre- 
vent discrimination and extortion in the rates of freight and passenger 
tariffs on the different railroads in this state, and enforce such laws 
by adequate penalties, to the extent, if necessary for that purpose, of 
forfeiture of their property and franchises. 

Sec. 18. Municipal and other corporations and individuals invested 
with the privilege of taking private property for public use shall make 
just compensation for property taken, injured or destroyed, by the 
construction or enlargement of their works, highways or improve- 
ments, which compensation shall be paid or secured before such taking, 
injury or destruction. The legislature is hereby prohibited from 
depriving any person of an appeal from any preliminary assessment 
of damages against any such corporation or individuals made by 
viewers or otherwise; and the amount of such damages in all cases of 
appeal shall, on the demand of either party, be determined by a jury 
as in other civil cases. 



244 THE STATE AND NATION 

See. 19. The term " corporations ' 9 as used in this article, shall be 
construed to include all joint stock companies or associations having 
any of the powers or privileges of corporations not possessed by 
individuals Or partnerships. 

Sec. 20. Monopolies and trusts shall never be allowed in this state 
and no incorporated company, co-partnership or association of per- 
sons in this state shall directly or indirectly combine or make any con- 
tract with any incorporated company, foreign or domestic, through 
their stockholders or the trustees or assigns of such stockholders, or 
with any -co-partnership or association of persons, or in any manner 
whatever to fix the prices, limit the production or regulate the trans- 
portation of any product or commodity so as to prevent competition 
in such prices, production or transportation or to establish excessive 
prices therefor. 

The legislature shall pass laws for the enforcement of this section 
by adequate penalties and in the case of incorporated companies, if 
necessary for that purpose may, as a penalty, declare a forfeiture of 
their franchises. 

ARTICLE XVIII. 

Banking and Currency. 

Sec. 1. If a general banking law shall be enacted it shall provide 
for the registry and countersigning by an officer of this state of all 
bills or paper credit designed to circulate as money, and require secur- 
ity to the full amount thereof, to be deposited with the state treasurer, 
in the approved securities of the state or of the United States, to be 
rated at ten per centum below their par value, and in case of their 
depreciation the deficiency shall be made good by depositing additional 
securities. 

Sec. 2. Every bank, banking company or corporation shall be 
required to cease all banking operations within twenty years from the 
time of its organization, and promptly thereafter close its business, 
but shall have corporate capacity to sue or be sued until its business 
is fully closed, but the legislature may provide by general law for the 
reorganization of such banks. 

Sec. 3. The shareholders or stockholders of any banking corpora- 
tion shall be held individually responsible and liable for all contracts, 
debts and engagements of such corporation to the extent of the amount 
of their stock therein, at the par value thereof, in addition to the 
amount invested in such shares or stock ; and such individual liabilities 
shall continue for one year after any transfer or sale of stock by any 
stockholder or stockholders. 

ARTICLE XIX. 
Congressional and Legislative Apportionment. 
Sec. 1. Until otherwise provided by law, the members of the house 
of representatives of the United States, apportioned to this state, 
shall be elected by the state at large. [See page 234.] 

Sec. 2. Until otherwise provided by law, the senatorial and repre- 
sentative districts shall be formed, and the senators and representa- 
tives shall be apportioned as follows: [See Chapter VII for the 
apportionment of 1911.] 



APPENDIX 245 

ARTICLE XX. 
Seat of Government. 

Sec. 1. The question of the location of the temporary seat of 
government shall be submitted to a vote of the electors of the pro- 
posed state of South Dakota, in the same manner and at the same 
election at which this constitution shall be submitted, and the place 
receiving the highest number of votes shall be the temporary seat of 
government until a permanent seat of government shall be established 
as hereinafter provided. 

Sec. 2. The legislature at its first session after the admission of 
this state, shall provide for the submission of the question of a place 
for a permanent seat of government to the qualified voters of the 
state at the next general election thereafter, and that place which 
receives a majority of all the votes cast upon that question shall be 
the permanent seat of government. 

Sec. 3. Should no place voted for at said election have a majority 
of all votes cast upon this question, the governor shall issue his proc- 
lamation for an election to be held in the same manner at the next 
general election to choose between the two places having received the 
highest number of votes cast at the first election on this question. 
This election shall be conducted in the same manner as the first elec- 
tion for the permanent seat of government, and the place receiving the 
majority of all votes cast upon this question shall be the permanent 
seat of government. 

ARTICLE XXI. 
Miscellaneous. 

Sec. 1. Seal and Coat of Arms. The design of the great seal of 
South Dakota shall be as follows: A circle within which shall appear 
in the left foreground a smelting furnace and other features of min- 
ing work. In the left background a range of hills. In the right 
foreground a farmer at his plow. In the right background a herd of 
cattle and a field of corn. Between the two parts thus described 
shall appear a river bearing a steamboat. Properly divided between 
the upper and lower edges of the circle ' shall appear the legend, 
"Under God the People Rule," which shall be the motto of the state 
of South Dakota. Exterior to this circle and within a circumscribed 
circle shall appear, in the upper part, the words, "State of South 
Dakota," in the lower part the words, "Great Seal," and the date 
in Arabic numerals of the year in which the state shall be admitted 
to the Union. 

Sec. 2. Compensation of Public Officers. The governor shall re- 
ceive an annual salary of two thousand five hundred dollars; the 
judges of the supreme court shall each receive an annual salary of 
two thousand five hundred dollars; the judges of the circuit court 
shall each receive an annual salary of two thousand dollars; Provided, 
that the legislature may, after the year one thousand eight hundred 
and ninety, increase the annual salary of the governor and each of 
the judges of the supreme court to three thousand dollars, and the 
annual salary of ench of the circuit court judges to two thousand five 
hundred dollars. The secretary of state, state treasurer and state 
auditor shall each receive an annual salary of one thousand eight 



246 THE STATE AND NATION 

hundred dollars; the commissioner of schools and public lands shall 
receive an annual salary of one thousand eight hundred dollars; the 
superintendent of public instruction shall receive an annual salary of 
one thousand eight hundred dollars; the attorney general shall receive 
an annual salary of one thousand dollars; the compensation of the 
lieutenant governor shall be double the compensation of the state 
senator. They shall receive no fees or perquisites whatever for the 
performance of any duties connected with their offices. It shall not 
be competent for the legislature to increase the salaries of the officers 
named in this article except as herein provided. 

Sec. 3. Oath of Office. Every person elected or appointed to any 
office in this state, except such inferior offices as may be by law 
exempted, shall before entering upon the duties thereof take an oath 
or affirmation to support the constitution of the United States and 
of this state, and faithfully to discharge the duties of his office. 

Sec. 4. Exemptions. The right of the debtor to enjoy the com- 
forts and necessaries of life shall be recognized by wholesome laws 
exempting from forced sale a homestead, the value of which shall 
be limited and defined by law, to all heads of families, and a reason- 
able amount of personal property, the kind and value of which to be 
fixed by general laws. 

Sec. 5. Bights of Married Women. The real and personal prop- 
erty of any woman in this state, acquired before marriage, and all 
property to which she may after marriage become in any manner 
rightfully entitled, shall be her separate property, and shall not be 
liable for the debts of her husband. 

Sec. 6. Drainage. The drainage of agricultural lands is hereby 
declared to be a public purpose and the legislature may provide there- 
for, and may provide for the organization of drainage districts for 
the drainage of land for any public use, and may vest the corporate 
authorities thereof, and the corporate authorities of counties, town- 
ships and municipalities, with the power to construct levees, drains 
and ditches, and to keep in repair all drains, ditches and levees here- 
tofore constructed under the laws of this state, by special assessments 
upon the property benefited thereby, according to benefits received. 

ARTICLE XXII. 

Compact with the United States. 

The following article shall be irrevocable without the consent of 
the United States and the people of the state of South Dakota 
expressed by their legislative assembly: 

First, That perfect toleration of religious sentiment shall be secured, 
and that no inhabitant of this state shall ever be molested in person 
or property on account of his or her mode of religious worship. 

Second, That we the people inhabiting the state of South Dakota, 
do agree and declare that we forever disclaim all right and title to 
the unappropriated public lands lying within the boundary of South 
Dakota, and to all lands lying within said limits owned or held by 
any Indian or Indian tribes; and that until the title thereto shail 
have been extinguished by the United States, the same shall be and 
remain subject to the disposition of the United States; and said 



APPENDIX 247 

Indian lands shall remain under the absolute jurisdiction and control 
of the congress of the United States; that the lands belonging to 
citizens of the United States residing -without the said state shall 
never be taxed at a higher rate than the lands belonging to residents 
of this state; that no taxes shall be imposed by the state of South 
Dakota on lands or property therein belonging to or which may here- 
after be purchased by the United States, or reserved for its use. But 
nothing herein shall preclude the state of South Dakota from taxing 
as other lands are taxed any lands owned or held by any Indian who 
has severed his tribal relation and has obtained from the United States 
or from any person a title thereto by patent or other grant save and 
except such lands as have been or may be granted to any Indian or 
Indians under any act of congress containing a provision exempting 
the lands thus granted from taxation. All such lands which may 
have been exempted by any grant or law of the United States shall 
remain exempt to the extent, and as prescribed by such act of congress. 

Third, That the state of South Dakota shall assume and pay that 
portion of the debts and liabilities of the territory of Dakota as 
provided in this constitution. 

Fourth, That provision shall be made for the establishment and 
maintenance of systems of public schools, which shall be open to all 
the children of this state, and free from sectarian control. 

ARTICLE XXIII. 

Amendments and Revisions of the Constitution. 

Sec. 1. Any amendment or amendments to this constitution may 
be proposed in either house of the legislature, and if the same shall 
be agreed to by a majority of the members elected to each of the two 
houses, such proposed amendment or amendments shall be entered on 
their journals, with the yeas and nays taken thereon, and it shall be 
the duty of the legislature to submit such proposed amendment or 
amendments to the vote of the people at the next general election. 
And if the people shall approve and ratify such amendment or 
amendments by a majority of the electors voting thereon, such amend- 
ment or amendments shall become a part of this constitution; 
Provided, that the amendment or amendments so proposed shall be 
published for a period of twelve weeks previous to the date of said 
election, in such manner as the legislature may provide; and provided, 
further, that if more than one amendment be submitted they shall be 
submitted in such manner that the people may vote for or against 
such amendments separately. 

Sec. 2. "Whenever two-thirds of the members elected to each 
branch of the legislature shall think it necessary to call a convention 
to revise this constitution they shall recommend to the electors to 
vote at the next election for members of the legislature, for or against 
a convention; and if a majority of all the electors voting at said 
election shall have voted for a convention, the legislature shall, at 
their next session, provide by law for calling the same. The conven- 
tion shall consist of as many members as the house of representatives 
of the legislature, and shall be chosen in the same manner and shall 
meet within three months after their election for the purpose aforesaid. 



248 THE STATE AND NATION 

ARTICLE XXIV* 
Prohibition. 

1. No person, firm, club, association or corporation within this 
state shall on or after the first day of July, 1917, make, brew, distil 
or manufacture, or aid in making, brewing, distilling or manufactur- 
ing, for sale, barter, trade, gift or beverage purposes, any spirituous, 
vinous, malt, brewed, fermented or other intoxicating liquors), except 
as herein provided. 

No person, firm, club, association or corporation within this state, 
shall, on or after the first day of July, 1917, import or aid in im- 
porting into this state for sale, barter, trade, or gift, nor sell or aid 
in selling, nor offer for sale, barter, or trade or aid in offering for 
sale, barter, or trade, nor give away or furnish or aid in giving away 
or furnishing, nor keep for sale, barter, trade or gift, or aid in keep- 
ing for sale, barter, trade or gift, any spirituous, vinous, malt, 
brewed, fermented or other intoxicating liquor or any mixture or 
compound which in part consists of intoxicating liquors, except as 
hereinafter provided. 

Provided, that nothing in this article contained shall be construed 
to prohibit the compounding, importation, sale or keeping for sale 
any spirituous, or vinous, liquors or compounds or mixtures which in 
part consist of spirituous or vinous liquors in this state for medicinal, 
mechanical, sacramental or scientific purposes by regularly registered 
pharmacists, under such regulations and restrictions as the Legisla- 
ture may prescribe. 

2. The Legislature shall at its next session after the adoption of 
this article prescribe regulations for the enforcement of the pro- 
visions of this article and provide adequate and suitable penalties for 
the violation thereof. 



* Proposed by the legislative assembly of 1915, adopted by popular 
vote 1916. 



APPENDIX 249 

AETICLE XXVI. 
Schedule and Ordinance* 

Sec. 17. The ordinances and schedule enacted by this convention 
shall be held to be valid for all the purposes thereof. 

Sec. 18. That we, the people of the state of South Dakota, do 
ordain: 

First, That perfect toleration of religious sentiment shall be secured, 
and that no inhabitant of this state shall ever be molested in person 
or property on account of his or her mode of religious worship. 

Second, That we, the people inhabiting the state of South Dakota, 
do agree and declare that we forever disclaim all right and title to 
the unappropriated public lands lying within the boundaries of South 
Dakota; and to all lands lying within said limits owned or held by 
any Indian or Indian tribes, and that until the title thereto shall have 
been extinguished by the United States the same shall be and remain 
subject to the disposition of the United States and said Indian lands 
shall remain under the absolute jurisdiction and control of the con- 
gress of the United States; that the lands belonging to citizens of 
the United States residing without the said state, shall never be taxed 
at a higher rate than the lands belonging to residents of this state. 
That no taxes shall be imposed by the state of South Dakota on lands 
or property therein belonging to or which may hereafter be purchased 
by the United States, or reserved for its use. But nothing herein 
shall preclude the state of South Dakota from taxing as other lands 
are taxed any lands owned or held by any Indian who has severed his 
tribal relation and has obtained from the United States, or from any 
person a title thereto by patent or other grant save and except such 
lands as have been, or may be granted to any Indian or Indians under 
any act of congress containing a provision exempting the lands thus 
granted from taxation, all such lands which may have been exempted 
by any grant or law of the United States, shall remain exempt to the 
extent, and as prescribed by such act of congress. 

Third, That the state of South Dakota shall assume and pay that 
portion of the debts and liabilities of the territory of Dakota as pro- 
vided in this constitution. 

Fourth, That provisions shall be macle for the establishment and 
maintenance of systems of public schools, which shall be open to all 
the children of this state, and free from sectarian control. 

Fifth, That jurisdiction is ceded to the United States over the mili- 
tary reservations of Fort Meade, Fort Randall, and Fort Sully, here- 
tofore declared by the President of the United States; provided, 
legal process, civil and criminal, of this state shall extend over such 
reservations in all cases of which exclusive jurisdiction is not vested 
in the United States, or of crimes not committed within the limits of 
such reservations. These ordinances shall be irrevocable without the 
consent of tbe United States, and also the people of the said state of 
South Dakota, expressed by their legislative assembly. 



250 



THE STATE AND NATION 



ARTICLE XXVIII. 
Investment of School Money. 
The several counties of the state shall invest the moneys of the per- 
manent school and endowment funds in bonds of school corporation, 
state, county and municipal bonds or in first mortgages upon good 
improved farm lands within their limits respectively ; under such regu- 
lations as the legislature may provide, but no farm loan shall exceed 
one thousand dollars to any one person, firm or corporation. 



Generalized geologic section In the Black Hills region in South Dakota. 



Age. 


Formation. 


Principal characters. 


Thickness. 




White River group. 
























Fox Hills sandstone 




250-500 






1,200-1,400 
150-225 










Benton group: 


Gray shales with»thin sandstones, 
limestones, and concretions. 


500-800 




Greenhorn limestone 


50 




Dark shale with lenses of massive 
sandstone in its lower part at some 
places. 

Massive buff sandstone 

Very fine grained sandstone and mas- 
sive shales, white to purple. 


900-1,150 










35-150 






30-100 




Minnewaste limestone 


0-30 




Massive buff sandstone, with some 

intercalated shale. 
Massive shale, gray, greenish, and 

maroon. 
Massive fine sandstone, white, purple, 

red, and buff. 
Dark-gray shales and buff sandstones. 
Red sandy shales with gypsum beds . . 


100-350 






0-150 






0-250 






60-300 


TriassIo(?) 




350-700 


Carboniferous: 


f Minnekahta limestone 


30-50 


Permian 


Red slabby sandstone and sandy 

shale. 
Sandstones, mainly buff and red, in 

greater part calcareous; some thin 

limestone included. 


90-130 
400-750 

100-700 


Pennsylvanian to 
MLssi3sippian(?). 


Minnelusa sandstone 


Mississippian 


\Englewood limestone 

Whitewood limestone 

Dead wood sandstone 




25-50 






0-80 


Cambrian 


Red-brown sandstone and quartzite, 
locally conglomeratic, partly mas- 
sive; some greenish-gray shale and 
limestone breccia. 


4-450 



II. 8.- OEOLOGICM. SURVEY 



CONSTITUTION OF THE UNITED STATES* 



"We the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I 

Section 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Sec. 2. 1. The House of Representatives shall be composed of 
members chosen every second year by the people of the several states, 
and the electors in each state shall have the qualifications requisite 
for electors of the most numerous branch of the state legislature. 

2. No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three -fifths of all 
other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, 
and within every subsequent term of ten years, in such manner as 
they shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each state shall have at 
least one representative; and until such enumeration shall be made, 
the State of Xew Hampshire shall be entitled to choose three, Massa- 
chusetts eight, Rhode Island and Providence plantations one, Con- 
necticut five, New York six, New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 



* This reprint of the Constitution exactly follows the text of that in 
the Department of State at Washington, save in the spelling of a few 
words. 

251 



252 THE STATE AND NATION 

5. The House of ^Representatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 

Sec. 3. 1. The Senate of the United States shall be composed of 
two senators from each state, chosen by the legislature thereof for 
six years; and each senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second year; 
and if vacancies happen by resignation, or otherwise, during the 
recess of the legislature of any state, the executive thereof may 
make temporary appointments until the next meeting of the legisla- 
ture, which shall then fill such vacancies. 

3. No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a president 
pro tempore, in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath of affirmation. 
When the President of the United States is tried, the chief justice 
shall preside: and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States: but the 
party convicted shall nevertheless be liable and subject to indictment, 
trial, judgment and punishment, according to law. 

Sec. 4. 1. The times, places, and manner of holding elections for 
senators and representatives, shall be prescribed in each state by the 
legislature thereof; but the Congress may at any time by law make 
or alter such regulations, except as to the places of choosing senators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sec. 5. 1. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall 
constitute a quorum to do business; but a smaller number may ad- 
journ from day to day, and may be authorized to compel the at- 
tendance of absent members, in such manner, and under such penal- 
ties as each house may provide. 

2. Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 



CONSTITUTION OF THE UNITED STATES 253 

judgment require secrecy; and the yeas and nays of the members of 
either house on any question shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

Sec. 6. 1. The senators and representatives shall reecive a com- 
pensation for their services, to be ascertained by law, and paid out 
of the Treasury of the United States. They shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, 
and in going to and returning from the same ; and for any speech or 
debate in either house, they shall not be questioned in any other 
place. 

2. No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in office. 

Sec. 7. 1. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but 
if not he shall return it, with his objections to that house in which it 
shall have originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such reconsideration 
two-thirds of that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by which it shall 
likewise be reconsidered, and if approved by two-thirds of that house, 
it shall become a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal of 
each house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner as if 
he had signed it, unless the Congress by their adjournment prevent 
its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Eepresentatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be ap- 
proved by him, or bping disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sec. 8. 1. The Congress shall have power to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the 
common defense and general welfare of the United States; but all 
duties, imposts and excises shall be uniform throughout the United 
States ; 



254 THE STATE AND NATION 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the sev- 
eral states, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish postoffices and post roads; 

8. To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries; 

9. To constitute tribunals inferior to the supreme court; 

10. To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of 
the Union, to suppress insurrections and repel invasions; 

16. To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular states and the acceptance of Congress, become the seat of 
the government of the United States,* and to exercise like authority 
over all places purchased by consent of the legislature of the state 
in which the same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or officer thereof. 

Sec. 9. 1. The migration or importation of such persons as any 
of the states now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight hun- 
dred and eight, but a tax or duty may be imposed on such importa- 
tion, not exceeding ten dollars for each person.f 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public safety 
may require it. 



* The District of Columbia, which comes under these regulations, had 
not then been erected. 

t A temporary clause, no longer in force. See also Article V. 






CONSTITUTION OF THE UNITED STATES 255 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any state. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one state over those of another: nor shall 
vessels bound to, or from, one state be obliged to enter, clear, or pay 
duties in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be pub- 
lished from time to time. 

8. No title of nobility shall be granted by the United States: and 
no person holding any office of profit or trust under them, shall, with- 
out the consent of the Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, prince, or foreign 
state. 

Sec. 10.* 1. No state shall enter into any treaty, alliance, or con- 
federation; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, or grant any title of 
nobility. 

2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws: and the net prod- 
uce of all duties and imposts laid by any state on imports or exports, 
shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the Congress. 

3. No state shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another state, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent danger 
as will not admit of delay. 

ARTICLE II 

Section 1. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and, together with the Vice President, chosen for 
the same term, be elected, as follows: 

2. [Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number 
of senators and representatives to which the State may be entitled 
in the Congress: but no senator or representative, or person holding 
an office of trust or profit under the United States, shall be appointed 
an elector. 

The electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of 
the same state with themselves. And they shall make a list of all the 



* See also the 10th, 10th, 14th, and loth Amendment. 



256 THE STATE AND NATION 

persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of the 
government of the United States, dire2ted to the president of the 
Senate. The president of the Senate, shall, in the presence of the 
Senate and House of Kepresentatives, open all the certificates, and 
the votes shall then be counted. The person having the greatest num- 
ber of votes shall be the President, if such number be a majority of 
the whole number of electors appointed; and if there be more than 
one who have such majority, and have an equal number of votes, 
then the House of Kepresentatives shall immediately choose by ballot, 
one of them for President; and if no person have a majority, then 
from the five highest on the list the said house shall in like manner 
choose the President. But in choosing the President, the votes shall 
be taken by states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of the 
electors shall be the Vice President. But if there should remain two 
or more who have equal votes, the Senate shall choose from them by 
ballot the Vice President.*] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the 
United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United 
States. 

5. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice President, and the 
Congress may by law provide for the case of removal, death, resig- 
nation, or inability, both of the President and Vice President, declar- 
ing what officer shall then act as President, and such officer shall act 
accordingly, until the disability be removed, or a President shall be 
elected. 

6. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them. 

7. Before he enter on the execution of his office, he shall take the 
following oath or affirmation: "I do solemnly swear (or affirm) 
that I will faithfully execute the office of President of the United 
States, and will to the best of 'my ability, preserve, protect and 
defend the Constitution of the United States." 

Sec. 2. 1. The President shall be commander in chief of the army 
and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States; he 






* This paragraph superseded by the 12th Amendment. 



CONSTITUTION OF THE UNITED STATES 257 

may require the opinion, in writing, of the principal officer in each 
of the executive departments, upon any subject relating to the duties 
of their respective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except in cases 
of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators present 
concur; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the supreme court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law: but the Congress may by 
law vest the appointment of such inferior officers, as they think 
proper, in the President alone, in the courts of law, or in the heads 
of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress informa- 
tion of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and shall com- 
mission all the officers of the United States. 

Sec. 4. The President, Vice President, and all civil officers of the 
United States, shall be removed from office on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misde- 
meanors. 

AETICLE III 

Section 1. The judicial power of the United States shall be vested 
in one supreme court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
odpreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a com- 
pensation which shall not be diminished during their continuance in 
office. 

Sec. 2. 1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their au- 
thority; — to all cases affecting ambassadors, other public ministers 
and consuls; — to all cases of admiralty and maritime jurisdiction; — 
to controversies to which the United States shall be a party; — to 
controversies between two or more states; — between a state and a 
citizen of another state;* — between citizens of different states, and 
between a state, or the citizens thereof, and foreign states, citizens 
or subjects: — between citizens of the same state claiming lands under 
grants of different states. 

* See the 11th Amendment. 
17 



258 THE STATE AND NATION 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a state shall be party, the supreme court 
shall have original jurisdiction. In all the other cases before men- 
tioned, the supreme court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of ail crimes, except in cases of impeachment, shall be 
by 3 U1 7; and such trial shall be held in the state where the said 
crimes shall have been committed; but when not committed within 
any state, the trial shall be at such place or places as the Congress 
may by law have directed. 

Section 3. 1. Treason against the United States, shall consist 
only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except daring the life of the person attainted. 

AETICLE IV 

Section 1. Full faith and credit shall be given in each state to 
the public acts, records, and judicial proceedings of every other state. 
And the Congress may by general laws prescribe the manner in 
which such acts, records and proceedings shall be proved, and the 
effect thereof. 

Sec. 2. 1. The citizens of each state shall be entitled to all privi- 
leges and immunities of citizens in the several states. 

2. A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another state, 
shall on demand of the executive authority of the state from which 
he fled, be delivered up to be removed to the state having jurisdiction 
of the crime. 

3. No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor 
may be due.* 

Sec. 3. 1. New states may be admitted by the Congress into this 
"Union; but no new state shall be formed or erected within the juris- 
diction of any other state; nor any state be formed by the junction 
of two or more states, or parts of states, without the consent of the 
legislatures of the states concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or 
of any particular state. 

Sec. 4. The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of 

* See the 13th Amendment. 



CONSTITUTION OF THE UNITED STATES 259 

them against invasion; and on application of the legislature, or of 
the executive (when the legislature cannot be convened) against 
domestic violence. 

ARTICLE V 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislature of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this Constitution, 
when ratified by the legislatures of three-fourths of the several states, 
01 by conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress; provided, 
thnt no amendment which may be made prior to the year one thou- 
sand eight hundred and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first article; and that no 
state, without its consent, shall be deprived of its equal suffrage in 
the Senate. 

ARTICLE VI 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and fne laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall 
be made, under the authority of the United States, shall be the 
supreme law of the land ; and the judges in every state shall be 
bound thereby, anything in the Constitution or laws of any state to 
the contrary notwithstanding. 

3. The senators and representatives before mentioned, and the mem- 
bers of the several state legislatures, and all executive and judicial 
officers, both of the United States, and of the several States, shall be 
bound by oath or affirmation to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 

ARTICLE VII 

Thp ratification of the conventions of nine states shall be sufficient 
for the establishment of this Constitution between the states so 
ratifying the same. 

Articles in addition to, and amendment of, the Constitution of the 
United States of America, proposed by Congress, and ratified by 
the legislatures of the several states pursuant to the fifth article of 
the original Constitution. 

ARTICLE I* 

Congress shall make no law respecting an establishment of religion, 

or prohibiting the free exercise thereof; or abridging the freedom 

of speech, or of the yjress; or the right of the people peaceably to 

Me, and to petition the government for a redress of grievances. 

* The first ten Amendments were adopted in 1701. 



260 THE STATE AND NATION 

AKTICLE II 

A well regulated militia, being necessary to the security of a free 
state, the right of the people to keep and bear arms, shall not be 
infringed. 

ARTICLE III 

No soldier shall, in time of peace be quartered in any house, with- 
out the consent of the owner, nor in time of war, but in a manner to 
be prescribed by law. 

ARTICLE IV 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue, but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger; nor shall 
any person be subject for the same offense to be twice put in jeop- 
ardy of life or limb; nor shall be compelled in any criminal case to 
be a witness against himself, nor be deprived of life, liberty, or 
property, without due process of law; nor shall private property be 
taken for public use without just compensation. 

ARTICLE VI 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall 
have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel for his 
defense. 

ARTICLE VII 

In suits, at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no 
fact tried by a jury shall be otherwise reexamined in any court of the 
United States, than according to the rules of the common law. 

ARTICLE VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 



CONSTITUTION OF THE UNITED STATES 261 

AKTICLE IX 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

AETICLE X 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the states, are reserved to the states respec- 
tively, or to the people. 

AETICLE XI* 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens 
or subjects of any foreign state. 

AETICLE Xllf 

The electors shall meet in their respective states, and vote by ballot 
for President and Vice President, one of whom, at least, shall not be 
an inhabitant of the same state with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice President, and they shall make distinct 
lists of all persons voted for as President and of all persons voted 
for as Vice President, and of the number of votes for each, which 
lists they shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the president of the 
Senate; — The president of the Senate shall, in the presence of the 
Senate and House of Eepresentatives, open all the certificates and 
the votes shall then be counted; — The person having the greatest 
number of votes for President shall be the President, if such number 
be a majority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as Presi- 
dent, the House of Eepresentatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes shall 
be taken by states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. And if the House of Eepresentatives 
shall not choose a President whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then the 
Vice President shall act as President, as in the case of the death or 
other constitutional disability of the President. The person having 
the greatest number of votes as Vice President shall be the Vice 
President, if such number be a majority of the whole number of 
electors appointed, and if no person have a majority, then from the 
two highest numbers on the list, the Senate shall choose the Vice 
President; a quorum for the purpose shall consist of two-thirds of 
the whole number of senators, and a majority of the whole number 



* Adopted in 1798. t Adopted in 1804. 



262 THE STATE AND NATION 

shall be necessary to a choice. But no person constitutionally ineli- 
gible to the office of President shall be eligible to that of Vice Presi- 
dent of the United States. 

ARTICLE XIII* 

Section 1. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by ap- 
propriate legislation. 

ARTICLE XlVf 

Section 1. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
aitizens of the United States; nor shall any state deprive any person 
)f life, liberty, or property, without due process of law; nor deny to 
any person within its jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole 
number of persons in each state, excluding Indians not taxed. But 
when the right to vote at any election for the choice of electors for 
President and Vice President of the United States, representatives 
in Congress, the executive and judicial officers of a state, or the 
members of the legislature thereof, is denied to any of the male in- 
habitants of such state, being twenty-one years of age, and citizens 
of the United States, or any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one years of 
age in such state. 

Sec. 3. No person shall be a senator or representative in Congress, 
or elector of President and Vice President, or hold any office, civil or 
military, under the United States, or under any state, who, having 
previously taken an oath, as a member of Congress, or as an officer 
of the United States, or as a member of any state legislature, or as 
an executive or judicial officer of any state, to support the Constitu- 
tion of the United States, shall have engaged in insurrection or re- 
bellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two-thirds of each house, 
remove such disability. 

Sec. 4. The validity of the public debt of the United States, au- 
thorized by iaw, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States nor any state 
shall assume or pay any debt or obligation incurred in aid of insur- 
rection or rebellion against the United States, or any claim for the 

* Adopted in 1865. 
t Adopted in 1868. 



CONSTITUTION OF THE UNITED STATES 263 

loss or emancipation of any slave; but all such debts, obligations and 
claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

AETICLE XV * 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any state 
on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

AETICLE XVI f 

The Congress shall have power to lay and collect taxes on incomes, 
from whatever source derived, without apportionment among the 
states and without regard to any census or enumeration. 

AETICLE XVII t 

The Senate of the United States shall be composed of two senators 
from each state, elected by the people thereof, for six years; and 
each senator shall have one vote. The electors in each state shall 
have the qualifications requisite for electors of the most numerous 
branch of the state legislatures. When vacancies happen in the rep- 
resentation of any state in the Senate, the executive authority of 
such state shall issue writs of election to fill such vacancies; provided, 
the legislature of any state may empower the executive authority to 
make temporary appointments until the people fill the vacancy by 
election as the legislature may direct. This amendment shall not be 
so construed as to affect the election or term of any senator chosen 
before it becomes valid as a part of the Constitution. 



* Adopted in 1870. 
t Adopted in 1913. 



THE STATE AND NATION 

If you do not find the definition or explanation you seek in this 
list, consult the reference given in the Index. 

ABSTRACT OF TITLE. An outline history of the title or ownership of 
land, giving each transfer, mortgage, lien or other charge affecting 
the ownership. 

ACKNOWLEDGMENT. The act by which one who has signed a deed 
or other legal paper declares before a justice, judge, or notary public 
. that it is his free act and deed. The certificate of the officer is also 
called an acknowledgment. 

ACTION. The proceeding in court to enforce a right. Also called a 
suit. A criminal action is one prosecuted by the state against a 
person charged with a public offense, for the punishment thereof. 
All others are civil actions. 

ADMINISTRATOR. A man appointed by a county judge to take charge 
of the property or estate of a person who has died without making 
a will. If a woman is appointed she is called an administratrix. 

AFFIDAVIT. A written declaration under oath, made without notice to 
the adverse party. See "deposition." 

ASSETS. Property available for the payment of debts. 

ATTACHMENTS. The seizure of property by a legal process for the 
purpose of having it disposed of according to law. 

BAIL. The security given for the appearance of a prisoner before the 
court. The bail may be cash or a bond signed by some person who is 
competent to pay the sum named if the prisoner does not appear at 
the proper time. Where a prisoner's own bond is accepted it is called 
a recognizance. 

BAILMENT. The holding by one person of another person's property. 
The person holding the property is called the bailee. The owner is 
the bailor. 

CERTIORARI. See "writ." 

CHATTEL. An article of personal property. 

CHATTEL MORTGAGE. A mortgage in which horses, furniture, or other 
chattels are offered as security for the payment of a debt. 

CODE. A body of laws on a given subject. In 1903 the state legislature 
adopted what are called the "Revised Codes of 1903." These include 
a political code, a civil code, a code of civil procedure, a probate 
code, a justice code, a penal code, and a code of criminal procedure. 

COMMON LAW. The old laws of England developed by usage. They are 
in force in South Dakota in those cases not provided for by legis- 
lative enactment. 

CONTRACT. A contract is an agreement between two or more persons, 
based upon consideration, to do or not to do some particular thing. 
To be legal and binding : 

1. There must be an offer by one party and an acceptance of the 
offer by another. 

2. The parties to the contract must be of lawful age and sound 
mind, excepting when it is a contract for necessaries. 

3. There must be consideration. This may be money, goods, or a 
valuable act performed, or a promise of it. If a contract without 
consideration has been performed it is legal, but a gratuitous promise 
cannot be enforced. A past consideration will not support a promise. 

4. The thing performed must not be unlawful. 

5. An oral contract is just as binding as a written contract with 
a few exceptions. The following contracts must be in writing to be 
enforced in South Dakota : 

a. For the sale of land or for its rental for more than one 
year. 

b. For the sale of personal property to the value of $50.00 or 
more, unless there be a part payment or the delivery of a part 
of the goods. 

c. Contracts not to be performed within a year or extending 
over more than a year. 

d. An agreement to pay the debt or default of another. 

e. An agreement made upon consideration of marriage, other 
than a mutual promise to marry. 

264 



APPENDIX 265 

CORPORATION. "A corporation is a creature of the law, having certain 
powers and duties of a natural person." "Corporations are either 
public or private." "Public corporations are formed or organized for 
the government of a portion of the state. Such corporations are 
regulated by the political code, or by local statute. Private corpora- 
tions are formed for the purpose of religion, benevolence, education, 
art, literature, or profit : and all corporations not public are private. 
The instrument by which a private corporation is formed is called 
'articles of incorporation,' or 'certificate of incorporation.' And one- 
third of the officers of such corporations shall be residents of this 
state." — Civil Code. 

DEED. WARRANTY. A written contract whereby one person conveys 
his right and title to land to another person and guarantees his 
ownership. A quitclaim deed simply conveys whatever title is pos- 
sessed but does not warrant the ownership. 

DEFENDANT. The party against whom an action is brought. 

DELINQUENT, (a) A person under eighteen years of age who is guilty 
of immorality, truancy from school, the use of cigarettes, or other 
wrong doing. Such person is subject to commitment to the state 
training school, (b) Taxes or debts due and unpaid are said to be 
delinquent. 

DEPOSITION. A written declaration under oath, made after notice has 
been sent to the adverse party for the purpose of enabling him to at- 
tend and cross-examine : or made upon written questions. When it is 
impossible for a witness in a case to attend court and testify, his 
deposition may be taken and presented as evidence. 

EASEMENT. Certain rights in land are called easements. Among them 
are the right of pasturage, of fishing, of hunting, or travel, of water, 
of wood or minerals, of conducting lawful sports, of burial. (If a 
person has the right to be buried on a certain piece of land this 
right is called an easement.) 

EMINENT DOMAIN. The right of the government to take private prop- 
erty for public uses. This right may be exercised by the United 
States, the state, the county, the city, the township, the town, and 
the school district. The state permits railroads, and telegraph and 
telephone companies to exercise" the right of eminent domain to a 
certain extent. All private property thus taken must be paid for. 
If necessary a board of appraisers is appointed to determine the value 
of the property. 

EXECUTION, a. The legal taking of a human life: abolished in South 
Dakota. It is called capital punishment and may be inflicted only 
for treason or murder in the first degree (deliberately planned). 
Many states have abolished capital punishment, as it is not a pre- 
ventive of crimes of that kind. 

b. The legal process of taking property for the payment of a debt. 
There are three kinds of executions: (1) against the property of one 
who owes debts, has been sued and judgment has been rendered 
against him by the court. (See Exemptions in the Index.) (2) 
Against the person in the form of an arrest if he is about to leave 
the state without paving his debts, or if property is being concealed 
or shipped away to prevent its being seized for debts. (3) For the 
delivery of the possession of property. Replevin or "claim and de- 
livery" is a process whereby the sheriff seizes property rightfully 
belonging to another person. In no case can a person compel an- 
other to yield possession of property, even though wrongfully held. 
A peace officer, with proper authority from a judge or justice of the 
peace, alone can lawfully do this. This is also true of selling 
mortgaged property. 

EXECUTOR (eks-e'cu-ter). A person named in a will to carry out its 
provisions. 

EXEQUATUR (eks-e-kwa'tur). A writ issued by the federal secretary of 
state to a consul from a foreign country authorizing him to exercise 
his powers in the place to which he is assigned. 

FELONY. A crime punishable by death or penitentiary imprisonment. A 
lesser crime is called a misdemeanor. 

FRANCHISE. A privilege granted an individual or corporation, such as 
a rieht to conduct an electric lighting plant in a city. The term is 
also applied to the right to vote. 

FREE COINAGE. The right to present a metal at a mint and have it 
coined into money. We have the "free coinage" of gold but not of 



266 THE STATE AND NATION 

'^„ 0the / r + r. me TT al : J . Whether the government makes charge for the 

coinage (the United States does not) has nothing to do with the 

use of the term. 

GERRYMANDER. A political device in the districting of a state to have 

tne boundaries so arranged that large numbers of the opposite party 

may be in a few districts so that in the majority of the districts the 

po P P a I/nnDn C L doe c, s *£ e gerrymandering may elect representatives. 

HABEAS CORPUS. See writ. 

INDETERMINATE SENTENCE. Certain criminals may be sentenced to 

the penitentiary for an indefinite period. When the governor of the 

state thinks best the prisoner is found employment and released on 

parole, that is, on good behavior, for a certain length of time, usually 

t-kttp? 1 ? montns > after which he may be given freedom. 

INFANT. A person under twenty-one years of age is called, in legal 

terms, an infant. 
INJUNCTION. See "writ." 

INTEREST t Money paid for the use of money is called interest. Legal 
interest is the rate which must be paid when there is no rate specified 
or upon a warrant, note, draft or other debt that is due and unpaid. 
The legal rate in South Dakota is seven per cent. It is unlawful to 
charge more than twelve per cent. An interest charge in excess of 
twelve per cent is called usury. No interest can be collected on a 
note specifying a rate higher than twelve per cent. 
LIEN (leen). A claim which a person has upon the property of another 

because of a debt. 
MAJORITY, (a) Twenty-one years of age. (b) Over one-half the total. 
MANDAMUS. See "writ." 

MARQUE, LETTERS OF. A "mark" or "march" meant the boundary; 
a letter of marque authorized the person receiving it to cross the 
boundary and seize property of the enemy. Private ships given 
authority of this kind are called privateers. Most nations no longer 
grant "letters of marque and reprisal." 
MINOR. A person under twenty-one years of age. 
MISDEMEANOR. See "felony." 

MORTGAGE. A written grant or conveyance of property to a creditor 
for the security of a debt, to become void when the debt is paid. The 
one who gives the mortgage is called the mortgagor ; the one who 
receives it is the mortgagee. The ownership and possession of the 
property remain with the mortgagor. The legal process by which the 
ownership and possession pass to the mortgagee is called foreclosure. 
Redemption is the process by which the mortgagor may again recover 
the property he lost through foreclosure. 
NOTARY PUBLIC. A person appointed by the governor for four years 
(renewable) and given the power to administer oaths, acknowledg- 
ments, affidavits, and depositions anywhere within the state. 
ORDINANCE. A law for the government of a city or town passed by the 

authorities of the city or town. 
PARDON. A full release from punishment for an offense. In South Dakota 
it may be granted only after conviction. As a rule a pardon may be 
granted as well before or during a trial as after it. A reprieve is a 
temporary suspension of a sentence pronounced by some court or 
tribunal A commutation is a lessening of punishment. 
PASSPORT. A document issued by the federal secretary of state to a 
citizen certifying that he is a citizen and entitled to the protection 
and safety accorded such citizens when traveling in a foreign country. 
In order to travel in many countries one must have a passport from 
his home country. 
PENAL (pe'nal). Pertaining to punishment, more particularly to the 

penitentiary. 
PERJURY. A willful falsehood made under oath or affirmation. Perjury 

is a penitentiary offense. 
PERSONAL PROPERTY. See "real property." 
PLAINTIFF. The party who brings an action at law against another. 

If a criminal action the government is always the plaintiff. 
PLURALITY. In an election, the highest number of votes. Suppose A 
receives 1,000 votes; B, 1,200 votes; C, 900 votes. B will then have 
a plurality of the votes but not a majority (over one-half the total 
number). For most offices the one receiving a plurality of votes is 
elected, even though he may not have a majority. 
POWER OF ATTORNEY. By an attorney we usually mean a lawyer who 
has been licensed to practice in the courts. In this case it means 
a writ which authorizes one person to sign another person's name. 
A power of attorney must be acknowledged before a notary public, 
justice, or judge. An infant cannot give a power of attorney, though 
he may receive one- 



APPENDIX 267 

PROHIBITION, WRIT OF. See "writ." 

QUASH. To set aside or make void. 

QUO WARRANTO. See "writ." 

REAL ESTATE. By real estate or real property is meant that property 
which is fixed and immovable, such as land and what is erected or 
growing on it or found beneath it. Other property is called per- 
sonal. Some things which are movable are real property, such as 
fences. A house erected on rented land and built with the intention 
of moving it is personal property. Most growing crops on rented 
land arc personal property (called emblements). * 

REPRIEVE. See pardon. 

REQUISITION, (a) A formal demand by the ruler of a country upon 
the ruler of another country (or the governor of one state upon the 
governor of another state) for the surrender of a person who is 
charged with a crime. The response to a requisition is called ex- 
tradition, (b) A demand made by a person or officer upon some 
governmental authority for supplies or the payment of a debt. 

SMUGGLING. Eringing goods into a country without paying the re- 
quired duties, or import taxes. 

STATUTE. A law enacted by the state legislature or by congress. 

STATUTE OF LIMITATIONS. A law requiring that an action for debt 
must be commenced within a certain time or the debt cannot after- 
wards be legally collected. On open accounts, as with a store, the 
time in South Dakota is six years from the date of the last account ; 
on notes it is six years from the time the note is due; a judgment 
for a debt must be collected within ten years. 

SL BPOEXA. A subpoena (Lat. sub, under+poena, punishment) is a writ 
summoning a witness to court. 

SUFFRAGE. The right to vote. 

SUIT. A proceeding at law. An action. 

TRIAL. A judicial examination of the issues between parties, whether 
issues of law or of fact. 

VEX IRE (ve-m're). A venire (meaning "to go") is a writ summoning a 
juror to court. 

VENUE, (a) The place where an action is tried. If the judge is related 
to a party to a suit a change of venue may be demanded, (b) The 
heading of legal documents showing the place, — the state and county. 

VOID. Null, of no effect. A contract to do an unlawful act is void. 

VOIDABLE. Capable of being made void. Most contracts made by a 
minor are voidable by the minor. 

WATERED STOCK Stock, or shares in a corporation, which do not 
represent actual investment. If a factory costs ten thousand dollars 
and shares to the value of twenty thousand dollars are issued, it is 
plain that half of the stock is a make believe investment, or "water." 
Such proceedings are unlawful. 

WILL. A written instrument by which a person makes a disposition of 
his property to take effect after his death. 

WRIT. Special civil proceedings are provided for by the issuance of 
certain writs by the state supreme court or a circuit court. 

A writ of mandamus {mandare — to command) summons a person to 
court, usually an officer, to show why he does not to do some specified 
thine: requested or required of him. " After an investigation the judge 
decides whether he must do it. A county treasurer may refuse to 
pay a warrant issued by the county auditor if he thinks the claim 
is unlawful. A writ of mandamus may be issued by the judge com- 
manding him to show why he does not pay the warrant. The judge 
then decides whether it shall be paid. A writ of prohibition is one 
issued by a higher court to a lower one commanding the latter to 
stop the prosecution of a suit pending before it. An injunction is a 
form of a writ of prohibition (though sometimes it commands per- 
formance). The state supreme court or a circuit court may issue any of 
these writs. In case a court or b< aid has exceeded its authority, a 
higher court may issue a writ of a iioiari (ser-shi-o-ra'ri) whereby 
the case or proceedings are rev ewed and corrected. A writ of qud 
warranto, mentioned in the constitution, \\;is formerly issued to 
determine "by what right" a person occupies an office. It is rarely 
nsed now. however, but any guch matter is setthd by a civil action. 
Habeas Corpus, see page zOO. 



INDEX 



A 

PAGES 

Aberdeen 34, 39, 52 

Abstract of title 264 

Academies 34 

Acknowledgment 264 

Action 131-135, 264 

Administrator 78, 264 

Affidavit 194, 264 

Affirm (see Oath) 

Alderman 56 

Alexandria conference 156 

Alien 194 

All Saints School . . 35 

Ambassador 187 

Amendments — 

to federal constitution.... 

155, 158, 159, 186, 189, 259-263 

to state constitution 

98, 99, 247, 248 

Annapolis convention 156 

Appellate jurisdiction 127, 187 

Appointments 

. .35, 105, 110, 111, 173, 174, 187 
Apportionment — 

federal 162, 251 

state 84, 85, 218 

Appropriations 96 

Arbitration 182 

Archbald, R. W 163 

Armour 32, 39 

Army, 13, 173 

Arrest 73 

Articles of confederation. . . . 155 

Assessment 45, 60 

Assessor 45, 60 

Assets 264 

Attachment 264 

Attorney, city 66 

power of 266 

state's 30, 67, 71, 75, 78 

to license 127, 128 

Attorney general 109, 178 

Auditor, city 60 

county 30, 71, 73, 78 

state 73 

Augustana college 35 

B 

Bail 264 

Bailment 264 

Ballot 19, 161, 207-214 

Bankruptcy 195 

Bible 196 

Bill, legislative 89, 92, 96, 160 

of attainder 200 

of rights 158, 228-230 

Birth of Republic 154 

268 



PAGES 

Bismarck 82 

Board of charities and cor- 
rections 119 

of education 22, 48, 75, 122 

of equalization 43, 54 

of health 44, 54 

library .... 30, 77 

of regents 118, 119 

see also pages 116-121. 

Bonds 46 

Boss, political 206 

Bounty . . . . 71 

Brand (see Mark) 

Bridges , 44, 115 

Brookings 35 

Building inspector 116 

Bureau (see Cabinet) 

Burke, C. H 215 

Byrne, Frank M 113, 215 

c 

Cabinet, President's 175-181 

Campaign, political 208 

Canton 35 

Swiss 43 

Canvassers of elections. .. .118, 212 

Caucus 206 

Certificate 25-29, 76, 160 

Certiorari, writ of 264 

Challenging a voter 212 

Chamberlain 35 

Chaplain 89 

Charities and corrections. . . . 119 

Charter colonies 143 

Charter, city 55 

Chattel 264 

Chisholm vs. Georgia 186 

Circuit courts (see Courts) . . 

Citizenship 

5, 19, 150, 194, 195, 262, 263 

City, Chapter III 22, 55-67 

City manager 66, 67 

Civic meetings 30 

Civil action 131 

rights 149 

service 174, 175 

township 41 

Claims, court of 189 

Claremont 52 

Clear Lake 32 

Clerk, of courts 72 

of school board 21, 22 

of town 55 

of township 44, 45 

Code 264 

Coinage 196 

Colleges 11, 31-35 



INDEX 



269 



PAGES 

Colonies 16, 142, 143 

Columbia. District of 198 

Columbus College 35 

Commerce, department of.. 180, 181 

Commission, city 61-67 

free library 120 

tax? 118 

Commissioner, city 61, 62 

county 43, 54, 69-71 

of immigration 116 

of insurance 114 

of schools and public lands 108 

of Soldiers' Home 119 

Committees, legislative .. 92, 93, 160 

Common law, defined 150, 264 

Comparison of constitutions. 140 

Compensation 165 

Complaint 132 

Compromise 156-158 

Compulsory education 25 

Congress 17, 38, 153-160, 167 

Congressional, districts .... 164 

survey 37-41 

townships 37-41 

Connecticut compromise .... 156 

Constable 45 

Construction of constitution. 

144, 146, 199, 200, 202-204 

Constitution. .17. 82, 83, 98, 
99, 117, 143-149. 155, 156, 

159, 186, 189, 190, 199, 200 

construction of 

..144, 146, 199, 200, 202, 204 

development of 143 

South Dakota 216 

United States 251 

Constitutionality of law... 127, 187 

Consul 182, 187 

Contested election 86, 160 

Contract 264 

Convention 83, 156, 158, 206 

Copyright 197 

Coraner 76 

Corporations 20, 265 

Corson. Dighton 215 

Council, city 56-58 

Counterfeiting 197 

Countv — 

auditor 30, 71-73, 78 

board of education 78 

commissioners 43, 54, 69-71 

farm bureau 78 

hospital 69 

judge 77, 78 

officers of 69-78 

superintendent 76, 77 

Course of study 

48. 79, 102, 123, 137, 151, 167, 190 
Court — 

calendar 72 

circuit 72, 128, 129, 188 

circuit, of appeals 187, 188 

city 59, 60 

clerk of 72 

commerce 189 

commissioner 189 

compromise 156, 158 



PAGES 

county 129, 130 

customs appeals 189 

district, federal 188, 189 

jurisdiction of 126, 185-189 

justice of peace. 45, 55, 59, 60, 86 

juvenile 78, 130 

municipal 60, 130 

of claims 189 

of commerce 189 

probate 129, 130 

supreme, federal 187 

state 125-128 

Crawford, Coe 1 113, 215 

Crimes 75, 97, 265 

Criminal procedure 131-135 

Cross-examination 132, 133 

Crow-Creek reservation .... 128 

Culverts 44 

Curtesy 74 

Custom 15, 16 

D 

Dairy expert 116 

Dakota, meaning of name. . .82, 147 

territory . . 24, 82 

VVesleyan University 35 

Dead letter laws 205 

Dead letters 179 

Deadwood 39 

Debate in the House 163 

Declaration of intention.... 194 

Deeds 74, 265 

Defendant 265 

Degrees 31 

Delegates . . .• 170, 171, 206 

Delinquent 78, 265 

Department, federal (see 

Cabinet) 

Deposition 265 

Dillon, C. H 215 

Direct legislation 100, 101 

Direct taxes 192 

District of Columbia ....198, 199 
District, consolidated 23 

school 20, 21, 23 

Diploma, life 26-28 

Diplomatic service 182 

Disqualifications 211 

Division of powers 147, 216 

Dower 74 

Duties 192 

E 

Easement 265 

Education, Chapter II, board 

of 22, 48, 122 

compulsory 25 

Educational institutions .... 33-35 

Elections, Chapter XI 

Electoral college 171 

Electors (see Voters) 

presidential 170, 171 

Eminent domain 265 

Enabling act 83 

Enacting clause .93, 101, 159, 217 



270 



INDEX 



PAGES 

Engineer, state 115 

Equalization, board of 43, 54 

county . . 71 

state tax commission .... 118 

town 54 

township 43 

Essays 12 

Ethical instruction ........ 36 

Eureka college . 35 

Evidence- 132 

Examiners, boards of 121 

Exclusive national powers. .147, 148 

Execution 265 

Executive accountant Ill 

Executive session 165 

Executor 78, 265 

Exemptions 195 

Exequatur 265 

Export tax 200 

Ex post facto law . .97, 200 

Extradition 105, 267 

F 

Family 140 

Faulk, Andrew J 215 

Fees for certificates 28, 29 

Felony 97, 265 

Flag salute 12 

Flandreau 35, 82 

First permanent settlement. . 82 

Food and drug commissioner. 116 

Forest inspector, state 109 

Forest trees 71 

Forfeiture 195 

Forms of government 141, 142 

Fort Pierre .... 82 

Franchise 265 

Free coinage . 265 

Free library commission. . . . 120 

Freeman . 35 

Fugitive from justice 105, 267 

G 

Gamble, J. R. and R. J 215 

Game warden 109, 115 

Gandy, H. L 215 

Gerrymander 265 

Ghent, treaty of 185 

Gifford, Oscar S 215 

Glossary 264 

Good roads 46, 47 

Government, need for 15 

Governor 103, 215 

Grand jury 134 

Greenbacks 196 

Group action 204 

H 

Habeas, corpus ..200,266, 267 

Hamilton, Alexander 203, 204 

Health, board of 44, 54 

Health laboratory, state.... 120 

Herreid, Charles N Ill, 215 

High schools . 33 



PAGES 

Highway department 122 

History of civil service reform 175 

of constitution .153-159 

department of 116, 117 

Holidays 36 

House of representatives ...90, 161 

Huron college 35 

Hutchins, Thomas 38 



Impanelling a jury 135 

Impeachment 98, 163, 175 

Implied powers 

144, 146, 199, 200, 202-204 

Incorporation 51 

Independence 17 

Indeterminate sentence 266 

Indictment 134 

Infant 260 

Injunction 266, 267 

Initiative 58, 100 

Insane 78 

Interest 266 

Internal revenue 193 

Interpretation of constitution 

144, 146, 199, 200, 202-204 

Interstate commerce 193 



Jail 73 

Jamestown . 16 

Jayne, William 82, 215 

Jefferson, Thomas 38 

Joint rules 91 

Journal, legislative 89, 90 

Judge (see Court) 

Judges of election 208 

Judicial department, Chapters 

VI and IX 

Jurisdiction 126, 185-189 

Jurisprudence, maxims of... 136 

Jury 72, 134 

Justice of peace 

45, 50, 55, 60, 86, 131 

Juvenile cases 78 



K 



Kittredge, A. 
Kyle, J. H. 



B. 



215 
215 



La Framboise, Joseph • 82 

Landmarks 37 

Lead 39, 53 

Legal tender 196 

Legislative districts. . . . . 84, 85. 218 

Legislature 83-99 

Letters of marque and re- 
prisal 197, 198, 266 

Librarian, state 116, 117 

Library board 30, 77 

Licenses 100, 127, 128 

Lien 266 



INDEX 



m 



PAGES 

Lieutenant governor ...88, 106 

Lincoln, Abraham 173 

Lobby 99 

Lottery 98 

M 

Madison T4 

Majority 266 

Mandamus 266, 2 67 

Mark and brand committee.. 120 

Marque, letters of.... 197, 193, 266 

Marriage license 72 

Marshal 54, 189 

Martin, Eben W 215 

Mason and Dixon's line 38 

Massachusetts 16 

Mathematical geography ... 37 

Maxims of jurisprudence .... 136 

Mayor 56, 59. 62 

Meridians 38-41 

Milbank 38 

Mileage 86 

Militia 43, 86, 105 

Ministers, foreign 182 

Minor 266 

Mint 177 

Mir of Russia 43 

Misdemeanor 44, 78, 266 

Mitchell 35 

Moderator 43 

Monarchy 141 

Mortgage 74, 264, 266 

Municipal corporations 55, 56 

Municipal court 60, 130 

N 

Nation 139 

Nation supreme 148 

National capitol 139 

National party convention... 170 

National powers 192 

Naturalization ...72, 150, 194. 211 

Need for government 15, 16 

Need of political parties .... 205 

New England township 42, 153 

New Jersey plan 157 

Nominations and elections, 

Chapter XI 

Normal schools 11, 33-35 

Northern Normal and Indus- 
trial School 34, 119 

Northwest territory 37 

Notary public 86, 266 

O 

Oath ....46, 72, 86, 169, 170, 218 

Oil inspector 116 

Ordinances 58, 266 

Organization of legislature.. 91 

P 

Pages 90 

Pairing in Congress 161 

Parallels 39 



PAGES 

Pardons 174, 221, 22: 

Passport 266 

Patents 197 

Patent to land 109 

Paupers 78 

Penal 266 

Penitentiary .119, 133, 212, 265, 266 

Perjury 133, 212, 266 

Personal property 196, 266 

Petit jury 134 

Philadelphia convention .... 156 

Pierre 35, 72 

Piracy 197 

Plaintiff 266 

Plainview academy 35 

Plankinton 39 

Plurality 266 

Pocket veto 166 

Police 61 

Political parties 202 

Polling places 208 

Poll tax 43, 46 

Polygamy 194 

Postmaster 89, 174, 179 

Postmaster general 174, 179 

Postoffice department 179 

Power of attorney 266 

Powers of Congress 166, 192 

Powers denied, Congress. . . . 200 

states 97, 98, 200 

Powers of legislature 97 

Preamble 159 

Presentment 134 

President 17 

Presidential electors 170, 206 

Presidential proclamation.... 184 

Presidential succession 169 

President's cabinet 175 

Primary election 206 

Printer, state 121 

Privateers 198 

Privileges of members 99, 165 

Probate cases 77, 78 

Prohibition Ill, 248 

writ of 267 

Proof reader 88 

Public examiner Ill 

Public opinion 15 

Public school land 109 

Q 

Quash 267 

Quorum 88, 162 

Quo warranto 267 

R 

Railway commissioners 110 

Ranges" 38 

Rapid City 35 

Reading circle 29, 108, 130 

Real estate 267 

Real property 74. 267 

Recall 62 

Redfield college 35 

Referendum 58, 100 

Regents, board of 118, 119 



272 



INDEX 



PAGES 

Register of deeds 74 

Remedial writs 267 

Reporter, court 126 

Reprieve (see Pardon) 

Republic 142 

Republic of friends 82, 147 

Republic within a republic. . 147 

Requisition 267 

Revocation of certificates.... 29 

Revolutionary war 17, 38 

Roads 46, 47 

Robinson, Doane 117 

Rules of Senate 90 

Rules of Representatives.... 91 

Russia 43 



Salaries of state officials. . . . 117 

Salute 12, 13 

School districts 20, 21 

Scrap book 11 

Secretary, of agriculture. . . . 180 

of commerce 180, 181 

of historical society 116, 117 

of interior 179, 180 

of labor 181 

of navy 179 

of state ..71, 106, 169, 175, 176 

of treasury 176, 177 

of war 177, 178 

Sectarian teaching 20, 35 

Senate 88, 160, 263 

Sergeant at arms 89 

Sessions of Congress 86, 170 

Sheldon, C. H 215, 112 

Sheriff 59, 72, 76 

Short ballot 213 

Sioux Falls, city. 32, 35, 38, 53, 82, 83 

college 35 

Slave importation 157 

Smuggling 267 

Soldiers' Home 119 

Sovereign and dependent gov- 
ernment 141 

Speaker of House 90 

Spearfish 34 

Springfield 34, 35 

State's attorney. .30, 67, 71, 75, 78 

State boards 117 

State budget board 97 

State certificate 26, 28 

State college 35 

State powers 148 

State rights 146 

Statute law 149, 267 

Statute of limitations 267 

Sterling, Thomas 215 

Strict constructionist 

144, 146, 199, 200, 202-204 

Subpoena 132, 267 

Suffrage 195, 211, 263, 267 

Suit 267 

Superintendent, of census . . 117 
of public instruction ....23, 108 

city 28 

county 76 



PAGES 

Supervisors, township 43-46 

Supremacy of nation 148 

Supreme court (see Court) . . . 
Survey — 

educational 35 

land 38, 41, 54 

Surveyor, county 76 

Swayne, Charles 163 

Switzerland 43 

T 

Table of officials 215 

Talesmen 135 

Tariff 192, 193 

Tax commission 118 

Taxes .24, 46, 73, 75, 148, 192, 263 
Teachers' reading circle board 120 

Ten departments 175 

Three departments of gov- 
ernment 159 

Titles of nobility 201 

To amend constitution ....98, 159 

To license attorneys 128 

To revise constitution 99 

Torrens land system 74 

Town 17, 20, 42, 51 

Township 17, 20, 37-47, 51 

high school 22 

Transporting pupils 21 

Treason 97. 258 

Treasurer — 

city 59 

county 74, 75 

school 21, 48 

state 107 

town 55 

township 45 

Treasury, notes 196 

secretary of 176, 177 

Treaties 183 

Tree planting 36 

Trial 131-135, 267 

Trustees 54 

Tuition „ 33, 94 

u 

University 11 

V 

Venire 132, 267 

Venue 267 

Verdict 133 

Vermillion 34, 82 

Vessey, R. S 113, 215 

Veterinary surgeon 115 

Veto, governor's 96, 104, 166 

pocket 166 

president's 166, 172 

Vice president 164, 169 

Village 51 

Virginia plan 156, 157 

Vital statistics 72 

Vocational 27 

Void 267 

Voting (see Chapter XI) ... . 161 



INDEX 



273 



PAGES 

w 

War department 177,178 

declaration of 198 

Wards 56 

Warrants 44, 46, 72. 73 

Watered stock 267 

Watertown 32 

Webster 32 

Weights aiid measures 107 



PAGES 

Wessington Springs 35 

Will 264, 267 

Willard, Frances 36 

Wolsey 39 

Woman suffrage 211 

Writs 72, 73, 267 

Y 
Yankton 35, 78, 82 



